Immigration Judge Grants Green Card to Detained Mother After Two-Month Custody

An immigration judge ordered that Elvira Benítez Suarez, a 51-year-old mother of four U.S. citizens from Sheboygan Falls, Wisconsin, be released on bond and granted lawful permanent resident status. The decision came after she was taken into ICE custody on March 10 during a routine immigration appointment in Milwaukee and held at the Campbell County Detention Center in Kentucky for more than two months.

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Benítez Suarez entered the United States illegally as a 15-year-old fleeing sexual assault in Mexico in 1990. She has lived in the country for over 36 years, raising her family, operating a cleaning business with her husband Ricardo Chávez, paying taxes, and participating in her local church and community. In July 2023, the family unintentionally crossed into Canada while visiting Niagara Falls, leading to a separate five-month detention. A cancellation-of-removal hearing in December 2023 resulted in a judge allowing her to apply for a green card, which the federal government subsequently appealed.

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• 1990 – Benítez Suarez arrives in the United States.

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• July 2023 – Accidental entry into Canada; subsequent five-month detention.

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• December 2023 – Cancellation-of-removal hearing grants eligibility for a green card.

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• March 10 2024 – ICE detains Benítez Suarez during a Milwaukee immigration appointment.

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• May 21 2024 – Immigration judge grants bond and lawful permanent resident status.

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• May 22 2024 – Benítez Suarez released and returns to Wisconsin.

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• June 8 2024 – Deadline for the government to file appellate briefs.

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• Elvira Benítez Suarez – Mother of four U.S. citizens, green-card applicant.

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• Ricardo Chávez – Husband, co-owner of a cleaning business.

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• Marc Christopher – Attorney representing Benítez Suarez.

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• Immigration Judge – Unnamed adjudicator who granted bond and status.

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• U.S. Immigration and Customs Enforcement (ICE) – Agency that detained Benítez Suarez.

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• Department of Homeland Security (DHS) spokesperson – Provided the federal government’s public response.

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• 36 + years of residence in the United States.

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• Four U.S. citizen children.

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• Detention lasted more than two months after the March 10 arrest.

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• Attorney Christopher cited that the immigration system “spends hundreds of billions of taxpayer dollars imprisoning individuals who pose no danger.”

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The immigration judge’s order granted Benítez Suarez bond and lawful permanent resident status, overturning her prior removal proceedings. DHS reiterated that Benítez Suarez was “in the U.S. illegally” and encouraged “all illegal aliens” to use the CBP Home app for self-deportation, offering a $2,600 incentive and a free flight. The Department of Justice has filed an appeal, with briefing due by June 8.

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Attorney Marc Christopher condemned the prolonged detention, describing it as “cruel” and “absurd,” and argued that the system wastes resources while imprisoning long-time community members who are not threats. He emphasized Benítez Suarez’s compliance with every required hearing and her contributions to the local economy.

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A discrepancy exists between the judge’s determination that Benítez Suarez qualifies for lawful permanent residency and DHS’s characterization of her as an “illegal alien.” The sources do not provide details on the specific legal grounds for the government’s appeal or the criteria used by the judge to grant status.

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• “During that time, she raised her family, worked, paid taxes, supported her church and community, and built a life rooted in dignity, sacrifice, and perseverance,” — Marc Christopher, attorney

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• “She is beloved in her community.” — Marc Christopher, attorney

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• “Her detention exposes the cruelty, waste, and profound absurdity of a system that now spends hundreds of billions of taxpayer dollars imprisoning mothers, laborers, caregivers, and longtime community members who pose no danger to society,” — Marc Christopher, attorney

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• “We encourage all illegal aliens to take control of their departure with the CBP Home app,” — DHS spokesperson

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• “The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.” — DHS spokesperson

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The federal government must file appellate briefs by June 8, after which a higher court will review the judge’s decision. Benítez Suarez remains in the United States pending the outcome, while her legal team prepares further arguments to uphold her permanent resident status.

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