Media Statement Regarding the ICE Detention of Elvira Benitez Suarez in Milwaukee, Wisconsin by her Attorney Marc E. Christopher, Christopher & De Leon Law Office

Our client, Elvia Benitez Suarez, is a 50-year-old mother of four United States citizen children and a survivor of sexual assault and domestic violence. She fled to the United States at just 15 years old after suffering sexual assault in her home country. Despite the trauma she endured, Elvia built a life in this country and devoted herself to raising and caring for her children.

In December 2025, after spending several months in immigration detention in Ohio, Elvia Benitez Suarez won her Cancellation of Removal case before an Immigration Judge. The Immigration Court found that she met the legal standard for relief and that her removal would cause exceptional and extremely unusual hardship to her 2 U.S. citizen children. Following that ruling, she was released from detention and returned home to her family.

Since her release, Elvia has fully complied with all immigration requirements. She has attended every scheduled ICE supervision appointment, has had no encounters with law enforcement, and has remained a law-abiding and responsible member of her community.

Today, despite having no criminal record, having community support, and being in the country for 35 years, during what was supposed to be a routine ICE supervision check-in in Milwaukee, Wisconsin, Elvia was unexpectedly taken back into custody by U.S. Immigration and Customs Enforcement (ICE).

The only procedural development in her case is that the government filed an appeal of the Immigration Judge’s decision. However, Elvia already prevailed in immigration court, and there is no legal requirement that she be detained while the appeal proceeds. She has demonstrated every reason to remain released: compliance with ICE supervision, strong family ties, and a record of good conduct.

At this time, as her attorney, I have not been informed where Elvia is being transferred, raising serious concerns about transparency and due process. Officials told me they had no idea where Elvira would go, a frightening statement.

Detaining Elvia Benitez Suarez serves no legitimate public safety purpose. It separates a mother from her vulnerable U.S. citizen children despite a federal immigration judge already recognizing the extreme hardship her removal would cause them. When a 50-year-old mother of U.S. citizen children who already won her case in immigration court is taken into custody at a routine ICE check-in, it raises a serious question: Is this about enforcement, or is it simply cruelty? Her detention stands as a stark example of unnecessary cruelty within our immigration system.

Elvia’s case previously received significant media attention and public outcry because of the prolonged detention she endured before ultimately winning her case in immigration court. Now, once again, her family is facing the devastating uncertainty of not knowing where she is being held or when they will see her again.

We are deeply concerned for Elvia Benitez Suarez, for her safety and wellbeing, and for the emotional and psychological toll this renewed detention will have on her children.

Her case serves as a stark reminder that immigration proceedings affect real families, survivors of violence, and children whose lives are profoundly impacted by these decisions.

Additional news articles and media coverage regarding Elvia Benitez Suarez’s prior detention and case history:

• Wisconsin Woman ICE Immigration Detention Background Check
• A Background Check Delay for One Wisconsin Woman Shows Strain on Immigration System
• Help Sought for Woman Held at CCNO on Immigration Charges

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.