Legislation Details

File #: 260006    Version:
Type: Resolution Status: Passed
File created: 4/21/2026 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 6/2/2026
Effective date:    
Title: Substitute resolution relating to the arrest and detention of Elvira Benitez.
Sponsors: ALD. BROWER, ALD. PEREZ, ALD. BURGELIS, ALD. DIMITRIJEVIC, ALD. TAYLOR, ALD. MOORE
Indexes: IMMIGRANTS
Attachments: 1. Proposed Substitute (Now Sub 2)
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/3/20262 MAYOR SIGNED   Action details Meeting details Not available
6/2/20261 COMMON COUNCIL SUBSTITUTEDPass15:0 Action details Meeting details Not available
6/2/20262 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
5/26/20261 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Appearing: Sponsor Ald. Brower Public testimony Christine Neumann - Ortiz, as translator for Mr. Basurto and also in support of this resolution. Julio Basurto - part of a Small Business in pro of ICE OUT legislation; also, Store owner, in support of this resolution. Urging our community protect our residents. Laiza Ibarra - DACA recipient, in support of the resolution Ricardo Chavez spouse of Mrs. Benitez Ald. Zamarripa in support President Perez asked to be added as co-sponsor.
Pass4:0 Action details Meeting details Video Video
4/21/20260 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number

260006

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. BROWER, ZAMARRIPA, DIMITRIJEVIC, PEREZ, BURGELIS, TAYLOR AND MOORE

Title

Substitute resolution relating to the arrest and detention of Elvira Benitez.

Analysis

This resolution condemns ICE’s detention of Elvira Benitez and declares that her detention and similar detentions are a profound and absurd waste of taxpayer dollars.

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, After being unnecessarily detained for over two months and subjected to arm and ankle shackles, a judge ruled that Ms. Benitez would be allowed to post bond; and

Whereas, After posting bond, Ms. Benitez was released from a facility 600 miles from her family with a dead cell phone and without having been given back her identification; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that we condemn the federal government’s detention of...

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