Sheboygan Falls mother detained by ICE during routine check-in has bond set, could return to Wisconsin in days

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SHEBOYGAN FALLS, Wis. (CBS 58) -- A Wisconsin mother detained by Immigration and Customs Enforcement during a routine check-in back on March 10 could come home soon. Elvira Benitez Suarez has lived in the United States for the last 35 years and was in the process of getting her green card, according to her attorney, Marc Christopher. She first came to the United States when she was 15 years old, as a survivor of sexual assault and domestic violence, Christopher says. He described the situation as "the most egregious case" he's ever represented.

On Thursday, May 21, Benitez Suarez appeared in court in Kentucky, where she's currently detained, having her bond set at $1,500. Christopher expressed optimism about her chances of coming back to her family after what's been a difficult time for them.

"What's happening to her is extremely cruel and inhumane," shared Christopher. "This is one of the most sympathetic cases I've ever dealt with in my 25-year career as an attorney," he continued.

Elvira Benitez Suarez's family Family

The case stems from a family vacation last July when they accidentally took the wrong exit, ending up in Canada. Elvira and her husband were detained for six months. However, an immigration judge conceded her cancellation of removal case as it caused "unusual hardship" to her children. But in March, that decision was appealed by the U.S. government. That's when we spoke with Elvira's daughter, Crystal Aguilar, who was left to take care of her younger siblings. "Mentally and emotionally, it was very exhausting and going from court to court and not having clear answers or clear outcomes, it was, you know, just pretty scary," she said.

Thursday's bond hearing comes after a federal appeals court in Ohio ruled against the Trump administration, which required mandatory detention for ICE detainees. Circuit Judge Eric Clay wrote that noncitizens "should have a forum to explain that their backgrounds and connections to their communities justify release on bond while they undergo their removal proceedings." To do otherwise would be a "hardship... without due process."

Suarez would benefit, as she's currently being held in Kentucky. "It now says that immigrants who have been in the country for years or decades, at least, can apply for a bond while their case, their immigration case, is pending, so they can be out with their families, so that means taxpayers no longer have to pay for people with no violent record to sit in jail for months and months in inhumane conditions," explained Christopher.

The government could appeal this decision. But if all goes the way Elvira's family hopes, she could be back in Wisconsin in the coming days.

The family created a Go Fund Me to help pay for their legal costs.

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