March 11, 2026Updated March 12, 2026, 12:21 p.m. CT(This story was updated with the latest information.)MILWAUKEE – A Sheboygan Falls woman was “unexpectedly” taken back into ICE custody in Milwaukee March 10, her attorney says, after her release late last year.Elvira Benitez Suarez, 51, had been released from detention at the end of 2025 as her immigration appeal moved forward.Attorney Marc Christopher said Benitez Suarez was detained after a routine supervision meeting in relation to her immigration case. The case stemmed from accidentally crossing the Canadian border on a road trip in July 2025, Wisconsin Watch reported.The family's intended destination was Niagara Falls, but a GPS issue took them the wrong way.When asked why Benitez Suarez was detained on Tuesday and how long she'd be in custody, the U.S. Department of Homeland Security said she'd remain in custody pending further immigration proceedings and she'd receive full due process.“Being in detention is a choice. We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $2,600 and a free flight to self-deport now," according to statement from a DHS spokesperson said."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," the statement continued.Christopher said Benitez Suarez already prevailed in immigration court, and there is no legal requirement that she be detained during the appeal process.Attorney says ICE provided no explanation for the detainment of Elvira Benitez SuarezChristopher said they were at the meeting because individuals who are released amid pending appeals must check in with ICE every six months or once a year to give updates on residency, place of work and contact information.He said they were stopped on the way out of the office and told to come back inside, where Benitez Suarez was taken into ICE custody.Christopher wasn't told why Benitez Suarez was being detained. He said she is not a flight risk, has no criminal history and has complied with immigration requirements, including attending a scheduled ICE supervision appointment and having no encounters with law enforcement.Benitez Suarez fled sexual assault and domestic violence in Mexico when she was 15 years old. She has lived in Wisconsin for 35 years.Elvira Benitez Suarez was in ICE custody in Ohio for about six monthsBenitez Suarez was in immigration detention in Ohio for about six months at the end of last year, until an immigration judge determined deportation would cause exceptional hardship to four children who are U.S. citizens. Two are school-aged.The judge decided to issue Benitez Suarez a green card and release her from detention, but the federal government appealed the decision, so that process is on hold.Attorney says renewed detention 'reopening wounds' for Elvira Benitez Suarez's familyBenitez Suarez's family is at a loss, Christopher said, and having her in ICE custody again is "reopening wounds.""Young children have been separated from their mother for six months and she's finally been reunited with them only to have her ripped back away for no reason whatsoever," he said."It's another cruel and inhumane action that I've seen by ICE," Christopher added.ICE detainee locator shows transfer to Kentucky jailChristopher said he was not initially informed where Benitez Suarez was being taken, but he was told later on March 10 that she would likely be going to an all-women's detention facility in Grayson, Kentucky, which is a nearly nine-hour drive from Sheboygan Falls.A search of the ICE detainee locator system March 10 showed Benitez Suarez was at the Broadview Service Staging Area near Chicago. As of midday March 11, the locator system showed she was at the Campbell County Detention Center in Newport, Kentucky.Appeal could take months, attorney saysChristopher said the pending appeal case could take months and keep Benitez Suarez in ICE custody, unless her family can find an attorney with jurisdiction to file a habeas corpus motion in federal court, which could challenge the legality of her detainment.Contact Alex Garner at 224-374-2332 or agarner@usatodayco.com.