Number
260006
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BROWER, ZAMARRIPA, DIMITRIJEVIC AND PEREZ
Title
Substitute resolution relating to the arrest and detention of Elvira Benitez.
Analysis
This resolution condemns ICE’s detention of Elvira Benitez and demands her immediate release from federal custody.
Body
Whereas, Elvira Benitez fled from violence in Mexico at the age of 15, bringing along her nine year old sister to seek safety in the United States; and
Whereas, Ms. Benitez has lived peacefully in the United States for 36 years, has no criminal record, has raised four children, has paid taxes, has started a business, and has been active in her church and community; and
Whereas, After being previously detained, an immigration judge reviewed Ms. Benitez’s case, found that her removal would cause exceptional and extremely unusual hardship to her two U.S.-citizen children, freed her from detention, and granted her a green card, allowing her to live and work permanently in the United States; and
Whereas, The federal government decided to appeal the decision of the immigration judge, and when attending a routine check-in at a downtown Milwaukee ICE office on March 10, 2026, Ms. Benitez was again detained by the federal government; and
Whereas, The law does not require that Ms. Benitez be detained while the federal government’s appeal is pending; and
Whereas, The federal government’s appeal of Ms. Benitez’s case may take up to 18 months, meaning that a person who poses no threat to the community may be needlessly incarcerated for over a year; and
Whereas, Ms. Benitez’s family and community continue to experience hardship as a result of her detention; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that we condemn the federal government’s detention of Elvira Benitez; and, be it
Further Resolved, That we demand the immediate release of Elvira Benitez from federal custody.
Requestor
Drafter
LRB181589-2
Dave Gelting
May 14, 2026