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Elvira Benitez Suarez stepped out of the Department of Homeland Security (DHS) office in downtown Milwaukee on Monday to cheers from a crowd of supporters — her first time leaving the building without handcuffs.

The 51-year-old Sheboygan Falls woman left U.S. Immigration and Customs Enforcement custody last week on bond; her daughter picked her up outside the northern Kentucky detention facility where she had spent the previous two months. 

“I didn’t see daylight for 17 days, so I was very, very heartened and excited that I saw my family,” she said. 

The Monday morning check-in in Milwaukee was her first interaction with immigration authorities since returning to Wisconsin. She arrived with her family, attorney and two members of the Milwaukee Common Council in tow. 

Nearly a dozen other immigrants wove through the crowd to line up behind Benitez for their own check-ins; some picked up contact information from her attorney while they waited to enter the building. 

Benitez’s time in Kentucky was her second stint in ICE custody in the past year. Benitez, who emigrated from Mexico as a teenager and lived without legal status for over three decades, first landed in detention after a wrong turn on a family road trip took her across the Canadian border in July 2025. U.S. immigration authorities arrested her when she reentered the country. Benitez had no prior interactions with law enforcement or the federal immigration court system. 

In her absence, Benitez’s two adult daughters, both U.S.-born, took in their school-age siblings and helped manage their parents’ painting and cleaning business. 

A federal district court judge in Ohio ruled last fall that Benitez is eligible for a green card, citing — among other factors — the hardships her children experienced in her absence. After waiting a month for immigration authorities to complete her background check, Benitez returned to Wisconsin in December, only to be arrested again during a check-in at the Milwaukee DHS office in March while the agency appealed the judge’s ruling. 

“We checked in, everything went fine, and we were actually walking out the door when they stopped us,” recalled her attorney, Marc Christopher. 

After stops in Chicago and Indianapolis, Benitez landed in a cell at the Campbell County Detention Center, a northern Kentucky jail that contracts with ICE to hold immigrants facing deportation proceedings. Benitez recounted finding fellow Wisconsinites in her unit; nearly two dozen other immigrants detained in Wisconsin have passed through Campbell County within the last year.

But a recent decision by an Ohio-based federal appeals court opened a door for Benitez to again return to Wisconsin. The 6th Circuit Court of Appeals ruled last month that a year-old Trump administration policy requiring detention for most immigrants in deportation proceedings amounts to a violation of due process rights, joining federal appellate courts in New York and Georgia. Appellate courts in Louisiana and Missouri have sided with the Trump administration, and the appellate court based in Chicago remains divided on the issue.

The 6th Circuit holds jurisdiction over Kentucky, and its ruling allowed Benitez to file a bond motion in immigration court — an option once available to most immigrant detainees that largely vanished after the Trump administration introduced its mandatory detention policy last year. An immigration court judge in Memphis granted her bond motion on May 21, setting her bond amount at the minimum allowed under court rules: $1,500.

As a condition of her bond, Benitez will continue checking in at the Milwaukee DHS office.

Benitez’s Monday morning check-in was brief and straightforward. Like other immigrants granted bond, she was directed by immigration officers to download a tracking app that will prompt her to take a photograph of her face once a week to compare against booking photos.

DHS is still appealing last year’s ruling that set Benitez on track to secure legal permanent residency. That appeal, currently in the hands of the federal Board of Immigration Appeals, is still pending. 

“I would never put anything past the Board of Immigration Appeals,” Christopher said during a press conference on Monday, alluding to the board’s recent tendency to side with the Trump administration on immigration court rule changes. Nevertheless, Christopher added that he believes Benitez’s case is strong enough to defy the odds.

Benitez herself is still recovering. “I can’t sleep,” she said, recounting the grim details of her latest stint in custody — fellow detainees whose pregnancies ended in miscarriages, late-night bus trips with erratic drivers and no seat belts, and harassment from nonimmigrant inmates with whom she shared a cell in Kentucky. Benitez noted that she is in contact with the families of several fellow detainees who remain in Kentucky.

Her eldest daughter, Crystal Aguilar, also needs time to bounce back. In her mother’s absence, “my life was on hold,” she said. A return to normality still seems far away, she added.

Freed on bond, Sheboygan Falls woman returns to Milwaukee immigration office amid legal limbo is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Los Angeles International Airport customs officers took Everlee Wihongi aside for questioning in April. Her family hasn’t seen her since.

Wihongi, a longtime resident of Hortonville, Wisconsin, was passing through Los Angeles during a return trip from her native New Zealand. The 37-year-old green card holder had made the same trip at least a half-dozen times, even after pleading no contest to a felony marijuana possession charge in Fond du Lac County in her mid-20s. 

But with the White House’s nationwide immigration enforcement crackdown in full swing, customs officers took a new approach to the felony on her record. After a few uneasy hours in a secluded screening room, Wihongi left the airport in shackles en route to an immigration detention center in a desert valley northeast of Los Angeles.

Wihongi is one of hundreds of legal permanent residents federal immigration authorities have detained since President Donald Trump returned to office in January 2025, often while they passed through airports and other ports of entry. Most — like Wihongi — had prior criminal convictions.

Those convictions generally make immigrants “inadmissible,” meaning they cannot freely re-enter the U.S.

Customs officers have “a lot of discretion at the port of entry” when deciding whether to allow green card holders with convictions like Wihongi’s to re-enter the country, Madison-based immigration attorney Aissa Olivarez said. “They have given none lately.”

“Possessing a green card is a privilege, not a right,” a U.S. Department of Homeland Security (DHS) spokesperson wrote in an email to Wisconsin Watch. “Our government has the authority to revoke a green card if our laws are broken and abused,” the spokesperson added, and to detain legal permanent residents while they await a decision in their removal case. 

The sharp increase in arrests of green card holders doesn’t stem from a policy change, but immigration attorneys say cases like Wihongi’s are yet another sign that federal immigration authorities are reshuffling their priorities.

Old conviction is grounds for detention

Wihongi has held a green card since childhood, when her father’s career as a locomotive engineer brought the family to northeast Wisconsin. “As the years went by, it was just cheaper to renew (her) green card,” her mother, Betty Wihongi, recalled.

Her 2014 conviction was not grounds for deportation, said Marc Christopher, a Milwaukee immigration attorney representing Wihongi. “She can remain here and become a U.S. citizen,” he said, “but once she crosses the border, she’s governed by the rules of admissibility.”

But family vacations to New Zealand passed without incident over the decade following Wihongi’s conviction. “Normally, they will just look at, look at your passport, look at your green card, you know, ask you, where you’ve been?” her mother said. “And usually it’s like two, three minutes, not even that.” 

“I just don’t think they made an issue of it” in the past, Christopher added. “They weren’t going to detain her for two to three months,” he said, in part because detaining and prosecuting a green card holder is an expensive undertaking. As of May 2025, DHS reported that the average cost to arrest, detain and deport an immigrant was roughly $17,000, though costs vary widely from case to case.

DHS detention records point to a sudden shift in practice after the Trump administration resumed control of immigration enforcement operations last year. Immigration authorities detained an average of at least 100 legal permanent residents each month between January 2025 and February 2026 — five times the monthly average in the final two years of the Biden administration, the only portion of his term for which data is available. 

At least 75% of legal permanent residents detained during the latter half of the Biden administration had prior criminal convictions, compared with at least 66% of those detained since Trump returned to office. 

Only a tiny fraction of detainees’ records from either period list marijuana possession as their most serious criminal charge, though immigration enforcement officers arrested more legal permanent residents with prior marijuana possession convictions in the first year of the Trump administration than in the previous two years combined. 

Wihongi is the second Wisconsin green card holder in ICE custody to join Christopher’s caseload since January 2025. His previous client, also blocked from re-entering the country because of a prior marijuana possession conviction, spent five months in detention before Christopher secured his release. 

Olivarez, the Madison-based immigration attorney, offered another recent example from her own caseload: a legal permanent resident and longtime Milwaukeean detained while returning from his wife’s funeral in Egypt because of a prior felony. That client eventually accepted a deportation order to avoid a lengthy stint in custody.

A stricter standard

The growing cohort of green card holders in ICE custody is still vastly outnumbered by the tens of thousands of undocumented immigrants detained alongside them. 

Federal immigration authorities have arrested more than 400,000 people since January 2025, including roughly 1,700 in Wisconsin. 

Just over half of all immigrants arrested by ICE in Wisconsin during the second Trump administration had prior criminal convictions, as was the case in the latter years of the Biden administration. But the criminal histories of more recent arrestees suggest that the stricter standards that landed Wihongi in custody are reshaping other corners of the immigration enforcement apparatus.

ICE officers in Wisconsin arrested 82 immigrants with prior traffic offense convictions in the first full year after Trump returned to office, up from 19 in the last full year of the Biden administration.

In years past, Christopher said, federal immigration authorities were less inclined to begin removal proceedings solely based on traffic offenses like driving without a license, instead prioritizing immigrants convicted of more serious offenses. 

Immigrants who come into contact with Wisconsin courts after a traffic offense now face a far higher risk of landing in federal custody, Christopher added. 

He attributes the shift in part to dramatic additions to DHS’ budget in the past year and a half. Those funding boosts, including a $170 billion increase last year, lowered the financial barriers that previously made federal immigration prosecutors wary of spending resources on immigrants with lower-priority criminal histories, Christopher argued. 

The U.S. Senate is currently considering an additional $72 billion in new funding for DHS.

Transferred without warning 

Wihongi was the only legal permanent resident in the 46-person cell in Adelanto, California, where she spent her first month in detention, her mother told Wisconsin Watch.

Her visa doesn’t spare her from the unpredictability of the federal immigration detention system. When money disappeared without notice from her commissary account on a Friday in early May, Wihongi called her mother in a panic. “Inmates all know that if that happens to your commissary,” her mother explained, “that means they’re getting ready to transfer you.” 

She resurfaced that Sunday in a detention camp outside El Paso, Texas, reaching her family by phone that evening to recount two mostly sleepless days of travel, including hours spent in shackles. 

Wihongi has since transferred again to a federal contract facility in Eloy, Arizona. An internet outage Thursday pushed her first scheduled court appearance back a week. Meanwhile, Christopher has filed a motion in Fond du Lac County to vacate her 2014 conviction.

Decade-old marijuana conviction prompts ICE detention of Wisconsin green card holder after family trip is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Update, May 21, 2026:

An immigration court judge in Tennessee granted a $1,500 bond for Elvira Benitez Suarez on Thursday morning. Benitez will remain in custody at the Campbell County Detention Center during the 30-day window in which the U.S. Department of Homeland Security attorneys can file an appeal.

Thursday’s bond hearing came just over a week after the Ohio-based 6th Circuit Court of Appeals ruled against the Trump administration’s year-old policy requiring mandatory detention for most immigrants facing removal. Benitez’s attorney, Milwaukee-based Marc Christopher, told Wisconsin Watch that the short turnaround reflected agreement among Benitez’s legal team, a federal district court judge and DHS itself that her case merited speedy consideration.

Original story, May 12, 2026:

A Sheboygan Falls woman is poised to test a new federal ruling reopening the door for Immigration and Customs Enforcement (ICE) detainees to seek release on bond. 

An Ohio-based federal appeals court ruled Monday against the Trump administration policy requiring mandatory detention for most ICE detainees, the latest blow to a rule adopted last summer amid an escalating nationwide immigration enforcement crackdown.  

Detainees “should have a forum to explain that their backgrounds and connections to their communities justify release on bond while they undergo their removal proceedings,” 6th Circuit Court of Appeals Judge Eric Clay wrote in the panel’s majority decision. Denying bond hearings, he added, amounts to a violation of their due process rights. 

The court’s ruling sent Wisconsin immigration attorneys scrambling to file bond motions for their clients detained in Ohio, Michigan and Kentucky — all under the 6th Circuit. Among those now able to seek bond: Elvira Benitez Suarez, currently detained at the Campbell County Detention Center in northern Kentucky.

Benitez, 51, has now spent two stints in ICE detention, as Wisconsin Watch has reported. 

She fled an abusive household in Mexico at 15, crossing the border with a younger sibling and settling in the Midwest. Though she remained undocumented for decades, she had no run-ins with law enforcement or immigration authorities until a GPS error on a family road trip through Michigan in July 2025 led her across the Canadian border.

The incident landed her in an Ohio immigration detention facility for six months. In her absence, her two adult daughters — both U.S. citizens — took in their school-age siblings.

A major shift in federal immigration court policy last year left Benitez unable to post bond.

Since 1996, federal law has required immigration authorities to detain — without bond — anyone found crossing the U.S. border without authorization. Prior administrations applied that rule relatively narrowly, meaning immigrants arrested in the interior of the U.S. could often seek a bond hearing in immigration court.

The Trump administration cast that precedent aside in July 2025, when ICE Director Todd Lyons issued a new interpretation subjecting anyone in deportation proceedings to mandatory detention without the possibility of bond. The Board of Immigration Appeals, a panel of judges who set the rules for the federal immigration court system, signed off on the interpretation in September. 

The board has more frequently sided with the Department of Homeland Security than immigrants facing deportation for at least a decade, but the distribution of decisions is more lopsided than ever: The body has favored DHS’s position in more than 90% of decisions issued since President Trump returned to office last year, a recent NPR analysis found.

The rule change triggered an ongoing legal battle over the validity of the Trump administration’s interpretation; more than 400 federal district court judges have ruled against the White House’s position, while roughly 50 have backed the new policy. Judges in Wisconsin’s Western District Court have uniformly ruled against the mandatory detention rule, while those in Wisconsin’s Eastern District are divided.

Federal appellate courts are also split: Aside from the 6th Circuit’s Monday decision, the New York-based 2nd Circuit Court of Appeals and the Georgia-based 11th Circuit Court of Appeals have ruled against the mandatory detention policy, whereas the Louisiana-based 5th Circuit and the Missouri-based 8th Circuit have sided with the Trump administration. 

The 7th Circuit Court of Appeals, based in Illinois and with jurisdiction over Wisconsin, remains divided.

With bond off the table, thousands of immigrants in ICE custody have turned to a backup option: habeas corpus petitions, filed in federal district courts — administered separately from the federal immigration court system — to challenge their detention.

Federal district courts have received tens of thousands of habeas petitions in the past year, including more than 70 in Wisconsin’s Western and Eastern District Courts combined. 

When a federal district court approves a habeas petition, the court generally orders an immigration court judge to hold a bond hearing.

Benitez’s first habeas petition produced a more unusual victory: Judge Richard Drucker of the Cleveland immigration court, citing the emotional toll on her younger children, canceled her deportation and set her on the path to legal residency, though a delayed background check added more than a month to Benitez’s initial stay in a detention facility.

Released in late December, Benitez reunited with her family in Wisconsin while DHS appealed Drucker’s order. She continued attending mandatory check-ins at the agency’s field office in downtown Milwaukee, where ICE agents re-arrested her on March 10. After a stop at an ICE detention facility outside Chicago, the agency transferred Benitez to Campbell County, where nearly two dozen immigrants detained in Wisconsin have spent time within the last year.

Marc Christopher, a Milwaukee immigration attorney who represented Benitez during her first detention, told Wisconsin Watch in March that no statute required DHS to detain her while awaiting the outcome of its appeal. Her arrest, Christopher wrote, served “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,” he added.

Following the March arrest, an ICE spokesperson told Wisconsin Watch that “being in detention is a choice,” arguing that Benitez could leave custody by agreeing to self-deport.

Benitez’s new Ohio-based attorney filed a habeas petition on her behalf with the U.S. District Court for the Eastern District of Kentucky in March. Judge Chad Meredith, a Trump appointee, joined the court’s bench last fall. He has received more than 80 habeas cases involving immigrants in ICE custody since his confirmation, most of which are still active; he has yet to side with an immigrant detainee, but he has denied a half-dozen habeas petitions outright. 

The 6th Circuit’s latest ruling could give Benitez a shorter route out of custody. Christopher filed a bond motion for Benitez “the minute (the ruling) came out,” he told Wisconsin Watch. “Given the unusual circumstances of her case,” Christopher added, he plans to ask Meredith to order a bond hearing on a short turnaround, rather than waiting more than a week. DHS can appeal bond decisions.

Christopher isn’t alone in his haste. Aissa Olivarez, an attorney with the Madison-based Community Immigration Law Center, filed a bond motion for another client held at the Campbell County Detention Center just after the news broke — a first since the Board of Immigration Appeals approved the mandatory detention rule last September. 

“We are now working to identify other people who have reached out in the past,” she added, “to see who might be eligible for bond now.”

Olivarez and other immigration attorneys are still awaiting a decision from the 7th Circuit; the U.S. Department of Justice filed a motion requesting expedited oral argument  on Monday. 

The issue may reach the U.S. Supreme Court.

“It’s up to the justices whether they want to take the case,” Christopher said, “but traditionally on cases involving immigration, cases where there’s been a clear circuit split, and where it affects literally tens of thousands of people, I think it’s going to be near the top of the issues they want to resolve.”

Sheboygan Falls mother granted bond in challenge to ICE detention rule is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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A loosely formed coalition of about 60 federal litigators is working with immigration attorneys in Wisconsin who represent clients being detained and facing deportation.

Gabriela Parra, an immigration attorney and partner at Layde & Parra S.C. in Milwaukee, said immigration policies are constantly changing, which adds new challenges. 

Many cases now involve both immigration proceedings and federal civil rights issues, she said.

“If you haven’t done this, it’s a learning curve,” Parra said. 

Federal litigators and immigration attorneys are working together to help meet this demand in Wisconsin.

Surge in overall need

The need for legal representation has grown as immigration enforcement has expanded.

U.S. Immigration and Customs Enforcement held an average of 69,600 people per day in detention in December 2025 – a 78% increase compared with the year before, according to an analysis by the Vera Institute of Justice, a national nonprofit working on issues related to mass incarceration and immigration. 

But more than half the people in the immigration court system are fighting the government alone, according to immigration court data analyzed by Vera. 

“There is a due process crisis right now happening in our immigration system,” said Elizabeth Kenney, associate director of Vera’s Advancing Universal Representation Initiative. 

While people have the right to obtain an immigration attorney, the government does not have to provide one, said Timothy Muth, staff attorney with the American Civil Liberties Union of Wisconsin.

Kenney said not having legal representation has major consequences. 

People who have attorneys are up to 10 and a half times more likely to get successful outcomes, Kenney said.

More complex cases

Parra said policy changes have added a federal civil rights dimension to many cases – changes that include how the Board of Immigration Appeals has interpreted immigration law.

The board sets binding rules for immigration judges and has authority over appeals in immigration cases.

Parra said there have been more than 80 decisions by the board since January 2025 that have affected immigration policy.  

One Board of Immigration Appeals decision, known as Yajure Hurtado, requires immigration judges to treat many as subject to mandatory detention. The decision has significantly limited people’s access to bonds.

“Now you have individuals in detention unless you can file a habeas petition in federal court,” Parra said. 

A habeas petition is used to argue that a person’s detention is unlawful. 

Habeas petitions vary widely depending on a person’s situation, said Elisabeth Lambert, a federal civil rights attorney working with the network.

Some involve people who have lived in the United States for years and seek release on bond while their cases proceed. Others involve people who entered through legal processes but are later detained and denied bond.

There also are other barriers that make it harder for people to defend themselves, requiring different support in federal court.

For example, Lambert said, immigrants facing deportation don’t have a right to discovery. This means that the only way to get the records is through a specific type of federal records request. 

A right of discovery allows defendants to access information that could be used against them from a prosecutor ahead of trial. 

Lambert said records can face various delays and other barriers and may arrive after the deportation proceeding has already happened.

Why federal court is different

Lambert said the two court systems – immigration court and federal court – operate very differently.

Each of these legal spaces has its own sets of rules, norms and procedures, she said. 

“It’s just a lot to learn very quickly in a very high-stakes situation,” Lambert said. 

It works the other way, too.

“I couldn’t go into immigration court,” she said. “I don’t have the knowledge or the experience.” 

In one case Lambert and Parra worked on together, a judge issued a restraining order barring ICE from moving ahead with a client’s removal proceeding until a Freedom of Information Act issue was resolved, she said.

Lambert anticipates similar litigation in the future.  

“We think that this is going to be a pretty common issue – of the government withholding people’s immigration records as part of this effort to stack the deportation process against people who are seeking immigration relief.”

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Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.

Wisconsin attorneys team up with federal litigators as deportation cases grow more complex is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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The president of Wisconsin’s largest mosque was detained by federal immigration agents, drawing accusations Thursday from local officials and religious leaders that the arrest was motivated by his criticism of Israel.

Salah Sarsour, a Palestinian-born legal permanent resident of the United States, was taken into custody by nearly a dozen U.S. Immigration and Customs Enforcement agents who surrounded his car on Monday in Milwaukee after he left his home, according to the Islamic Society of Milwaukee.

Supporters called Thursday for his immediate release. His attorneys said he was detained on the grounds that he is a foreign policy threat, a claim they say has no merit.

Instead, they believe Sarsour, 53, was targeted for speaking out against Israel and for a conviction as a minor by Israeli military courts, which have faced scrutiny over allegations of limited due process and high conviction rates of Palestinians. Israel rejects those claims. The offenses included allegedly throwing rocks at Israeli officers, according to attorney Munjed Ahmad.

“Our government should not be doing the bidding of a foreign government,” Ahmad said of Israel. “There’s no question in my mind is that this is to stifle the discourse on the Palestinian narrative.”

Attorneys said Sarsour, born in the Israeli-occupied West Bank, has no criminal record in the U.S., where he has lived for more than 30 years. They said the U.S. government has known about Sarsour’s conviction in Israel since he came to the U.S. in 1993.

An email message left Thursday for ICE and the U.S. Department of Homeland Security was not immediately returned.

Sarsour’s attorneys have likened the case to that of Mahmoud Khalil, a former Columbia University graduate student activist who faces deportation because the federal government said he was a foreign policy threat.

Sarsour has been the board president of the Islamic Society of Milwaukee, the largest Islamic organization in the state, for five years. His attorneys say he holds a green card and lives just outside Milwaukee. His wife and four adult children are U.S. citizens.

At a crowded news conference, boisterous supporters chanted to free Sarsour, recounting his advocacy for those in need. Several recalled Sarsour’s stories about his childhood, including allegations of inhumane treatment while being detained by Israelis.

“He was targeted because of one thing, because he dared stand up to the Israeli army,” Othman Atta, one of Sarsour’s attorneys, told the crowd. “And he was not a U.S. citizen.”

A diverse group of religious leaders in a attendance called Sarsour a valuable community member.

“This appears to be just the latest example of how this administration seeks to silence opposition and intimidate those who speak and act differently,” said the Rev. Paul D. Erickson, bishop of the Greater Milwaukee Synod of the Evangelical Lutheran Church in America.

Sarsour’s arrest also prompted outcry from elected officials, including Milwaukee Mayor Cavalier Johnson, who called it “an outrage.”

“He is a legal permanent resident. There is no substantive evidence he has done anything wrong,” Johnson said Thursday in a post on X. “This is another example of overreach and harm from the U.S. immigration authorities.”

Sarsour is being held at a county jail in Indiana. His attorneys have filed a petition seeking his release.

“He is ready to fight tooth and nail to make sure that he’s not drug through the mud,” Ahmad said. “He wants to stay in this country.”

Elected leaders and clergy seek release of Wisconsin mosque president detained by immigration agents is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Editor’s note: This story was updated March 13 to include a comment from U.S. Immigration and Customs Enforcement.

U.S. Immigration and Customs Enforcement officers arrested a Sheboygan Falls woman during a routine check-in this week, taking her back into custody just months after an immigration court judge canceled her deportation order and began the process of securing her a green card.

Elvira Benitez, 51, spent six months in ICE custody last year after accidentally crossing the Canadian border during a family road trip in Michigan. Benitez fled an abusive home in Michoacán, Mexico, as a teenager and lived without legal status for 35 years, her family said. She first entered the immigration court system after last year’s arrest. 

She was among more than 25,000 people arrested by ICE in July 2025 alone. Roughly a third of immigrants arrested by the agency nationally between January and mid-October 2025 had neither a prior criminal history nor pending criminal charges, including Benitez. 

In her absence, her two adult daughters — both U.S. citizens — took in their school-age siblings. Judge Richard Drucker of the Cleveland immigration court cited her younger children’s struggles during Benitez’s initial detention as a reason to cancel her deportation and set her on the path to legal residency. 

Drucker initially signaled a willingness to grant Benitez relief in early November, but the Department of Homeland Security (DHS) delayed her background check — necessary for her path to a green card — for over a month, eventually releasing her in mid-December. 

The agency soon appealed Drucker’s order, stalling Benitez’s green card process. She continued attending mandatory check-ins at the Milwaukee DHS office, where ICE agents arrested her Tuesday morning before transferring her to a holding facility outside Chicago.

ICE arrested at least 107 people at the DHS office in downtown Milwaukee between January and mid-October 2025 — more than at any other Wisconsin site named in ICE arrest records. Three-quarters of those immigrants  had no pending criminal charges or past convictions, compared with just 17% of all immigrants arrested by ICE in Wisconsin during the same period.

Benitez had no other run-ins with law enforcement that could have triggered her recent arrest, said Crystal Aguilar, her eldest daughter. In Aguilar’s view, the arrest calls into question “whether families who follow the rules can rely on the decisions made in immigration court,” she added.

She complied with all requirements following her initial release, including attending every ICE supervision appointment, according to her attorney, Marc Christopher. DHS was not legally required to arrest her while its appeal is pending, he added. 

Benitez’s detention serves “no legitimate public safety purpose,” Christopher wrote in a Tuesday press release. “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.”

An ICE spokesperson told Wisconsin Watch that Benitez will remain in custody “pending further immigration proceedings.”

“Being in detention is a choice,” they added, suggesting that undocumented immigrants should self-deport or face arrest and a permanent ban on re-entering the U.S.

ICE re-arrests Sheboygan Falls mother after judge halted deportation and cleared green card path is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Rep. Derrick Van Orden stands out among vulnerable House Republicans: He has not softened his rhetoric on President Donald Trump’s immigration enforcement tactics, despite public outcry over the killings of two U.S. citizens in Minnesota.

The Wisconsin Republican, whose seat is one of Democrats’ targets in the 2026 midterms, supported an investigation into Alex Pretti’s killing, but said his “support for federal law enforcement” would remain “unwavering.”

Van Orden told NOTUS he is holding firm in his support for the Trump administration’s deportation efforts because of the crime committed by unauthorized immigrants.

He cited a video posted by Immigration and Customs Enforcement last week alongside the caption, “American citizens raped and murdered by those who have no right to be in our country.”

“That’s why I back ICE,” Van Orden said. “Watch that video, and then you would never ask me that question again.”

“If you can look at that thing and see all these people that have been brutally murdered and the families that have been destroyed because of these criminal, illegal aliens, and you’re willing to turn your back to it, that means you have an alternative purpose or an alternative objective,” Van Orden said.

Van Orden’s hard-line position in support of the president’s mass deportation agenda in one of this year’s most competitive races will test the Trump agenda in the very part of the country that helped secure the president a second term in the White House.

His district includes the farmland and exurbs of Minnesota’s Twin Cities, spanning Wisconsin’s border with Minnesota, Iowa and Illinois. Van Orden won by a margin of 2.8 percentage points in 2024. Trump won the district by more than 7 percentage points. In a midterm cycle that favors Democrats, and at a time voters are losing trust in Republicans’ immigration agenda, the nonpartisan Cook Political Report rates the race as a “toss up.”

“We’re not a border state. It’s not something that was on the agenda prior to Trump. And obviously, people like Derrick Van Orden have taken the most extreme possible positions on an issue that I’m not sure was top of mind for most Wisconsin voters,” said Charlie Sykes, a conservative political commentator and Wisconsin resident.

Van Orden has shown his MAGA bona fides through issues like immigration and trade, where he has defended the president’s actions.

He followed the administration’s lead, expressing support for body cameras on immigration officers, a reform that Department of Homeland Security Secretary Kristi Noem said she would implement after Pretti was killed. Democrats want to standardize that policy in a DHS funding bill.

“It allows good cops to be good cops, and it holds police officers that may not be doing what they should do accountable publicly,” Van Orden said. “And that makes the force better, that makes the American population trust law enforcement more.”

He said he will await the results of a full investigation into Pretti’s death, but has laid the blame for the rise of political violence squarely with Democrats, as many in the administration and Trump’s circle have done.

“This is unfortunately true for many Democrats. They’re willing to put those American lives, throw them into the garbage can for political power, which means they have no business being in power,” Van Orden said.

There are issues where Van Orden has broken with the conservative mainstream. In January, he voted to extend Affordable Care Act subsidies to prevent coverage loss, though he is opposed to the program. He has advocated for the Supplemental Nutrition Assistance Program, which he used as a child, though he voted for cuts to the program in the budget reconciliation bill.

Faced with a frustrated agricultural industry, Van Orden introduced a bill to create a path to temporary worker status for immigrant agricultural workers who self-deport and pay a fine. Wisconsin farms employ a large immigrant labor force.

“He has this interesting dichotomy of picking some of those softer issues that might appeal to independents and some others, versus his very strong pro-Trump issues where, obviously that’s going to settle well with the MAGA voters and the pro-Trump Republicans,” said independent political strategist Brandon Scholz, who formerly ran the Wisconsin Republican Party.

In contrast, other House Republicans facing heated reelection bids this year have moderated their positions on immigration enforcement, calling for a reassessment of the country’s immigration policy.

“Congress and the president need to embrace a new comprehensive national immigration policy that acknowledges Americans’ many legitimate concerns about how the government has conducted immigration policy,” Rep. Mike Lawler wrote for The New York Times.

Van Orden declined to comment on other Democratic demands for DHS reforms, which include a ban on masks and identification requirements for immigration agents, until the party funds the Transportation Security Administration, the Federal Emergency Management Agency, the Secret Service and the U.S. Coast Guard.

It is these nonimmigration agencies within DHS that Van Orden’s constituents are affected by during the partial government shutdown, which has left some without paychecks and blocked others from receiving their boating licenses to go out on the district’s many lakes, he said.

That message may work with his constituents, Scholz said. While Republican voters in Wisconsin may be concerned about immigration, the issue has not historically been top of mind for them.

“There are other issues for them that may be more critical to making a decision on what they’re going to do, i.e. economic issues,” Scholz said.

This story was produced and originally published by Wisconsin Watch and NOTUS, a publication from the nonprofit, nonpartisan Allbritton Journalism Institute.

Vulnerable House Republicans have softened on immigration. Derrick Van Orden hasn’t. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Reading Time: 4 minutes

Editor’s note: This is a static version of the interactive story found at this link.

Part 1: A struggling regional carrier

The legacy network

Air Wisconsin Airlines has not been spared by the nationwide decline of regional air service. The 60-year-old carrier laid off hundreds of employees in Appleton and Milwaukee last year after terminating a contract to provide aircraft, crews and services to American Airlines in January 2025. The airline’s planned pivot to charter service and federally subsidized connections to underserved airports didn’t pan out, prompting another round of layoffs by the spring.

But the company’s troubles didn’t entirely ground its fleet. Flight tracking data indicate that Air Wisconsin continued to provide regional air service through the end of 2025, primarily connecting its Wisconsin hubs to mid-sized Midwestern airports as it had for decades.

The sale

In January, Harbor Diversified Inc., the Appleton-based parent company of Air Wisconsin, sold the company’s operations and 13 of its jets to CSI Aviation, a New Mexico-based air charter company and longtime federal contractor owned by former New Mexico Republican Party chair Allen Weh.

Air Wisconsin sent recall notices to the company’s furloughed flight attendants after the sale to CSI Aviation, and the Association of Flight Attendants — the union representing the furloughed workers — negotiated an immediate raise for returning members. In a January press release announcing the recall notices, the union noted that only a third of the furloughed flight attendants opted to return.

Neither CSI nor Harbor Diversified responded to requests for comment.

CSI is central to the Trump administration’s ongoing immigration crackdown.

It has provided charter services for ICE since 2024, transporting detainees and deportees both directly and through subcontractors.

The company entered its current $1.5 billion contract with the Department of Homeland Security in November of last year.

Demand for private charters surged after 2010, when the Obama administration moved away from relying solely on the U.S. Marshals Service.

Air Wisconsin isn’t alone. Avelo Airlines began deportation flights last spring, but backed out last month following intense public backlash.

A transformed network

CSI’s acquisition of Air Wisconsin transformed the airline’s flight patterns within a matter of weeks. The airline’s website no longer lists passenger routes, but flight data collected between Jan. 9 and mid-February indicates that the airline has largely ceded its role as a Midwestern regional carrier.

Instead, the airline increasingly looks south: Destinations in Louisiana and Texas replaced the mid-sized Midwestern airports that were, until recently, the airline’s most frequent destinations.

Flight data indicates Air Wisconsin planes made at least 125 trips in January 2026, up from roughly 60 in December 2025. Thicker lines on the map indicate more frequent routes.

Part 2: Air ICE

Many of Air Wisconsin’s new destinations are within easy reach of ICE detention facilities in Texas and Louisiana, including some of the agency’s largest.

The Minnesota operation

Minneapolis-St. Paul International Airport is among the busiest in the country, but Air Wisconsin rarely provided service to the Twin Cities in the final months of 2025.

That changed in January, just weeks after the Trump administration dispatched thousands of federal agents to Minnesota for an immigration enforcement offensive dubbed Operation Metro Surge.

Hundreds of immigrants detained in the operation have since departed the airport in shackles, loaded onto charter flights bound for ICE detention facilities farther south.

Alexandria

The modest airport in Alexandria, Louisiana, is now the epicenter of ICE’s deportation flight operations. Air Wisconsin has flown to or from Alexandria at least 30 times since the airline’s acquisition by CSI, on par with the airline’s service to Madison and outpacing service to Appleton, home to the airline’s corporate headquarters.

The GEO Group, an international private prison operator, runs an ICE detention facility on the airport’s tarmac. A dozen other ICE facilities sit within easy reach. Among them is the Adams County Correctional Center in Natchez, Mississippi, where Delvin Francisco Rodriguez, a 39-year-old Nicaraguan national, died in custody on Dec. 14, 2025. ICE acknowledged the incident in a press release four days later, though the agency did not specify the cause of Rodriguez’s death.

El Paso

Camp East Montana, ICE’s largest detention facility, sits just east of El Paso International Airport. Air Wisconsin flights took off from or landed in El Paso at least 32 times in January and early February, second only to Milwaukee’s Mitchell International Airport.

The camp drew national attention in early January after Geraldo Lunas Campos, a 55-year-old Cuban national, died by asphyxiation after guards pinned him to the floor of a cell. The El Paso County Medical Examiner’s Office later ruled the death a homicide.

Lunas Campos’ death came a month after Francisco Gaspar-Andres, a 48-year-old from Guatemala and detained at Camp East Montana, died in an El Paso hospital; ICE attributed Gaspar-Andres’ death to liver and kidney failure.

Another detainee, 36-year-old Victor Manuel Diaz of Nicaragua, died at the camp on Jan. 14 in what ICE described as a “presumed suicide” — an explanation his family questions. ICE agents detained Diaz in Minneapolis only days before his death.

Back at home

Air Wisconsin hasn’t entirely withdrawn from its home state hubs. Many of the airline’s remaining pilots, flight attendants and ground crew are still Wisconsin-based, and Milwaukee remains the airline’s primary hub.

The airline is now hiring for more than a dozen Wisconsin-based positions — including legal counsel.

About the data

Wisconsin Watch used FlightAware AeroAPI data (Sept 2025 – Feb 2026) to reconstruct patterns before and after the Jan. 9 sale to CSI Aviation.

Hubs on these maps represent the 10 airports most frequently used. While the routes align with ICE operations, the data does not confirm if specific flights carried detainees.

Air Wisconsin turns to ICE (static version) is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.