Elvira Benitez Suarez stepped out of the Department of Homeland Security (DHS) office in downtown Milwaukee on Monday to cheers from a crowd of supporters — her first time leaving the building without handcuffs.

The 51-year-old Sheboygan Falls woman left U.S. Immigration and Customs Enforcement custody last week on bond; her daughter picked her up outside the northern Kentucky detention facility where she had spent the previous two months. 

“I didn’t see daylight for 17 days, so I was very, very heartened and excited that I saw my family,” she said. 

The Monday morning check-in in Milwaukee was her first interaction with immigration authorities since returning to Wisconsin. She arrived with her family, attorney and two members of the Milwaukee Common Council in tow. 

Nearly a dozen other immigrants wove through the crowd to line up behind Benitez for their own check-ins; some picked up contact information from her attorney while they waited to enter the building. 

Benitez’s time in Kentucky was her second stint in ICE custody in the past year. Benitez, who emigrated from Mexico as a teenager and lived without legal status for over three decades, first landed in detention after a wrong turn on a family road trip took her across the Canadian border in July 2025. U.S. immigration authorities arrested her when she reentered the country. Benitez had no prior interactions with law enforcement or the federal immigration court system. 

In her absence, Benitez’s two adult daughters, both U.S.-born, took in their school-age siblings and helped manage their parents’ painting and cleaning business. 

A federal district court judge in Ohio ruled last fall that Benitez is eligible for a green card, citing — among other factors — the hardships her children experienced in her absence. After waiting a month for immigration authorities to complete her background check, Benitez returned to Wisconsin in December, only to be arrested again during a check-in at the Milwaukee DHS office in March while the agency appealed the judge’s ruling. 

“We checked in, everything went fine, and we were actually walking out the door when they stopped us,” recalled her attorney, Marc Christopher. 

After stops in Chicago and Indianapolis, Benitez landed in a cell at the Campbell County Detention Center, a northern Kentucky jail that contracts with ICE to hold immigrants facing deportation proceedings. Benitez recounted finding fellow Wisconsinites in her unit; nearly two dozen other immigrants detained in Wisconsin have passed through Campbell County within the last year.

But a recent decision by an Ohio-based federal appeals court opened a door for Benitez to again return to Wisconsin. The 6th Circuit Court of Appeals ruled last month that a year-old Trump administration policy requiring detention for most immigrants in deportation proceedings amounts to a violation of due process rights, joining federal appellate courts in New York and Georgia. Appellate courts in Louisiana and Missouri have sided with the Trump administration, and the appellate court based in Chicago remains divided on the issue.

The 6th Circuit holds jurisdiction over Kentucky, and its ruling allowed Benitez to file a bond motion in immigration court — an option once available to most immigrant detainees that largely vanished after the Trump administration introduced its mandatory detention policy last year. An immigration court judge in Memphis granted her bond motion on May 21, setting her bond amount at the minimum allowed under court rules: $1,500.

As a condition of her bond, Benitez will continue checking in at the Milwaukee DHS office.

Benitez’s Monday morning check-in was brief and straightforward. Like other immigrants granted bond, she was directed by immigration officers to download a tracking app that will prompt her to take a photograph of her face once a week to compare against booking photos.

DHS is still appealing last year’s ruling that set Benitez on track to secure legal permanent residency. That appeal, currently in the hands of the federal Board of Immigration Appeals, is still pending. 

“I would never put anything past the Board of Immigration Appeals,” Christopher said during a press conference on Monday, alluding to the board’s recent tendency to side with the Trump administration on immigration court rule changes. Nevertheless, Christopher added that he believes Benitez’s case is strong enough to defy the odds.

Benitez herself is still recovering. “I can’t sleep,” she said, recounting the grim details of her latest stint in custody — fellow detainees whose pregnancies ended in miscarriages, late-night bus trips with erratic drivers and no seat belts, and harassment from nonimmigrant inmates with whom she shared a cell in Kentucky. Benitez noted that she is in contact with the families of several fellow detainees who remain in Kentucky.

Her eldest daughter, Crystal Aguilar, also needs time to bounce back. In her mother’s absence, “my life was on hold,” she said. A return to normality still seems far away, she added.

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Los Angeles International Airport customs officers took Everlee Wihongi aside for questioning in April. Her family hasn’t seen her since.

Wihongi, a longtime resident of Hortonville, Wisconsin, was passing through Los Angeles during a return trip from her native New Zealand. The 37-year-old green card holder had made the same trip at least a half-dozen times, even after pleading no contest to a felony marijuana possession charge in Fond du Lac County in her mid-20s. 

But with the White House’s nationwide immigration enforcement crackdown in full swing, customs officers took a new approach to the felony on her record. After a few uneasy hours in a secluded screening room, Wihongi left the airport in shackles en route to an immigration detention center in a desert valley northeast of Los Angeles.

Wihongi is one of hundreds of legal permanent residents federal immigration authorities have detained since President Donald Trump returned to office in January 2025, often while they passed through airports and other ports of entry. Most — like Wihongi — had prior criminal convictions.

Those convictions generally make immigrants “inadmissible,” meaning they cannot freely re-enter the U.S.

Customs officers have “a lot of discretion at the port of entry” when deciding whether to allow green card holders with convictions like Wihongi’s to re-enter the country, Madison-based immigration attorney Aissa Olivarez said. “They have given none lately.”

“Possessing a green card is a privilege, not a right,” a U.S. Department of Homeland Security (DHS) spokesperson wrote in an email to Wisconsin Watch. “Our government has the authority to revoke a green card if our laws are broken and abused,” the spokesperson added, and to detain legal permanent residents while they await a decision in their removal case. 

The sharp increase in arrests of green card holders doesn’t stem from a policy change, but immigration attorneys say cases like Wihongi’s are yet another sign that federal immigration authorities are reshuffling their priorities.

Old conviction is grounds for detention

Wihongi has held a green card since childhood, when her father’s career as a locomotive engineer brought the family to northeast Wisconsin. “As the years went by, it was just cheaper to renew (her) green card,” her mother, Betty Wihongi, recalled.

Her 2014 conviction was not grounds for deportation, said Marc Christopher, a Milwaukee immigration attorney representing Wihongi. “She can remain here and become a U.S. citizen,” he said, “but once she crosses the border, she’s governed by the rules of admissibility.”

But family vacations to New Zealand passed without incident over the decade following Wihongi’s conviction. “Normally, they will just look at, look at your passport, look at your green card, you know, ask you, where you’ve been?” her mother said. “And usually it’s like two, three minutes, not even that.” 

“I just don’t think they made an issue of it” in the past, Christopher added. “They weren’t going to detain her for two to three months,” he said, in part because detaining and prosecuting a green card holder is an expensive undertaking. As of May 2025, DHS reported that the average cost to arrest, detain and deport an immigrant was roughly $17,000, though costs vary widely from case to case.

DHS detention records point to a sudden shift in practice after the Trump administration resumed control of immigration enforcement operations last year. Immigration authorities detained an average of at least 100 legal permanent residents each month between January 2025 and February 2026 — five times the monthly average in the final two years of the Biden administration, the only portion of his term for which data is available. 

At least 75% of legal permanent residents detained during the latter half of the Biden administration had prior criminal convictions, compared with at least 66% of those detained since Trump returned to office. 

Only a tiny fraction of detainees’ records from either period list marijuana possession as their most serious criminal charge, though immigration enforcement officers arrested more legal permanent residents with prior marijuana possession convictions in the first year of the Trump administration than in the previous two years combined. 

Wihongi is the second Wisconsin green card holder in ICE custody to join Christopher’s caseload since January 2025. His previous client, also blocked from re-entering the country because of a prior marijuana possession conviction, spent five months in detention before Christopher secured his release. 

Olivarez, the Madison-based immigration attorney, offered another recent example from her own caseload: a legal permanent resident and longtime Milwaukeean detained while returning from his wife’s funeral in Egypt because of a prior felony. That client eventually accepted a deportation order to avoid a lengthy stint in custody.

A stricter standard

The growing cohort of green card holders in ICE custody is still vastly outnumbered by the tens of thousands of undocumented immigrants detained alongside them. 

Federal immigration authorities have arrested more than 400,000 people since January 2025, including roughly 1,700 in Wisconsin. 

Just over half of all immigrants arrested by ICE in Wisconsin during the second Trump administration had prior criminal convictions, as was the case in the latter years of the Biden administration. But the criminal histories of more recent arrestees suggest that the stricter standards that landed Wihongi in custody are reshaping other corners of the immigration enforcement apparatus.

ICE officers in Wisconsin arrested 82 immigrants with prior traffic offense convictions in the first full year after Trump returned to office, up from 19 in the last full year of the Biden administration.

In years past, Christopher said, federal immigration authorities were less inclined to begin removal proceedings solely based on traffic offenses like driving without a license, instead prioritizing immigrants convicted of more serious offenses. 

Immigrants who come into contact with Wisconsin courts after a traffic offense now face a far higher risk of landing in federal custody, Christopher added. 

He attributes the shift in part to dramatic additions to DHS’ budget in the past year and a half. Those funding boosts, including a $170 billion increase last year, lowered the financial barriers that previously made federal immigration prosecutors wary of spending resources on immigrants with lower-priority criminal histories, Christopher argued. 

The U.S. Senate is currently considering an additional $72 billion in new funding for DHS.

Transferred without warning 

Wihongi was the only legal permanent resident in the 46-person cell in Adelanto, California, where she spent her first month in detention, her mother told Wisconsin Watch.

Her visa doesn’t spare her from the unpredictability of the federal immigration detention system. When money disappeared without notice from her commissary account on a Friday in early May, Wihongi called her mother in a panic. “Inmates all know that if that happens to your commissary,” her mother explained, “that means they’re getting ready to transfer you.” 

She resurfaced that Sunday in a detention camp outside El Paso, Texas, reaching her family by phone that evening to recount two mostly sleepless days of travel, including hours spent in shackles. 

Wihongi has since transferred again to a federal contract facility in Eloy, Arizona. An internet outage Thursday pushed her first scheduled court appearance back a week. Meanwhile, Christopher has filed a motion in Fond du Lac County to vacate her 2014 conviction.

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Update, May 21, 2026:

An immigration court judge in Tennessee granted a $1,500 bond for Elvira Benitez Suarez on Thursday morning. Benitez will remain in custody at the Campbell County Detention Center during the 30-day window in which the U.S. Department of Homeland Security attorneys can file an appeal.

Thursday’s bond hearing came just over a week after the Ohio-based 6th Circuit Court of Appeals ruled against the Trump administration’s year-old policy requiring mandatory detention for most immigrants facing removal. Benitez’s attorney, Milwaukee-based Marc Christopher, told Wisconsin Watch that the short turnaround reflected agreement among Benitez’s legal team, a federal district court judge and DHS itself that her case merited speedy consideration.

Original story, May 12, 2026:

A Sheboygan Falls woman is poised to test a new federal ruling reopening the door for Immigration and Customs Enforcement (ICE) detainees to seek release on bond. 

An Ohio-based federal appeals court ruled May 11 against the Trump administration policy requiring mandatory detention for most ICE detainees, the latest blow to a rule adopted last summer amid an escalating nationwide immigration enforcement crackdown.  

Detainees “should have a forum to explain that their backgrounds and connections to their communities justify release on bond while they undergo their removal proceedings,” 6th Circuit Court of Appeals Judge Eric Clay wrote in the panel’s majority decision. Denying bond hearings, he added, amounts to a violation of their due process rights. 

The court’s ruling sent Wisconsin immigration attorneys scrambling to file bond motions for their clients detained in Ohio, Michigan and Kentucky — all under the 6th Circuit. Among those now able to seek bond: Elvira Benitez Suarez, currently detained at the Campbell County Detention Center in northern Kentucky.

Benitez, 51, has now spent two stints in ICE detention, as Wisconsin Watch has reported. 

She fled an abusive household in Mexico at 15, crossing the border with a younger sibling and settling in the Midwest. Though she remained undocumented for decades, she had no run-ins with law enforcement or immigration authorities until a GPS error on a family road trip through Michigan in July 2025 led her across the Canadian border.

The incident landed her in an Ohio immigration detention facility for six months. In her absence, her two adult daughters — both U.S. citizens — took in their school-age siblings.

A major shift in federal immigration court policy last year left Benitez unable to post bond.

Since 1996, federal law has required immigration authorities to detain — without bond — anyone found crossing the U.S. border without authorization. Prior administrations applied that rule relatively narrowly, meaning immigrants arrested in the interior of the U.S. could often seek a bond hearing in immigration court.

The Trump administration cast that precedent aside in July 2025, when ICE Director Todd Lyons issued a new interpretation subjecting anyone in deportation proceedings to mandatory detention without the possibility of bond. The Board of Immigration Appeals, a panel of judges who set the rules for the federal immigration court system, signed off on the interpretation in September. 

The board has more frequently sided with the Department of Homeland Security than immigrants facing deportation for at least a decade, but the distribution of decisions is more lopsided than ever: The body has favored DHS’s position in more than 90% of decisions issued since President Trump returned to office last year, a recent NPR analysis found.

The rule change triggered an ongoing legal battle over the validity of the Trump administration’s interpretation; more than 400 federal district court judges have ruled against the White House’s position, while roughly 50 have backed the new policy. Judges in Wisconsin’s Western District Court have uniformly ruled against the mandatory detention rule, while those in Wisconsin’s Eastern District are divided.

Federal appellate courts are also split: Aside from the 6th Circuit’s May 11 decision, the New York-based 2nd Circuit Court of Appeals and the Georgia-based 11th Circuit Court of Appeals have ruled against the mandatory detention policy, whereas the Louisiana-based 5th Circuit and the Missouri-based 8th Circuit have sided with the Trump administration. 

The 7th Circuit Court of Appeals, based in Illinois and with jurisdiction over Wisconsin, remains divided.

With bond off the table, thousands of immigrants in ICE custody have turned to a backup option: habeas corpus petitions, filed in federal district courts — administered separately from the federal immigration court system — to challenge their detention.

Federal district courts have received tens of thousands of habeas petitions in the past year, including more than 70 in Wisconsin’s Western and Eastern District Courts combined. 

When a federal district court approves a habeas petition, the court generally orders an immigration court judge to hold a bond hearing.

Benitez’s first habeas petition produced a more unusual victory: Judge Richard Drucker of the Cleveland immigration court, citing the emotional toll on her younger children, canceled her deportation and set her on the path to legal residency, though a delayed background check added more than a month to Benitez’s initial stay in a detention facility.

Released in late December, Benitez reunited with her family in Wisconsin while DHS appealed Drucker’s order. She continued attending mandatory check-ins at the agency’s field office in downtown Milwaukee, where ICE agents re-arrested her on March 10. After a stop at an ICE detention facility outside Chicago, the agency transferred Benitez to Campbell County, where nearly two dozen immigrants detained in Wisconsin have spent time within the last year.

Marc Christopher, a Milwaukee immigration attorney who represented Benitez during her first detention, told Wisconsin Watch in March that no statute required DHS to detain her while awaiting the outcome of its appeal. Her arrest, Christopher wrote, served “no legitimate public safety purpose.”

“It separates a mother from her vulnerable U.S. citizen children despite a federal immigration judge already recognizing the extreme hardship her removal would cause them,” he added.

Following the March arrest, an ICE spokesperson told Wisconsin Watch that “being in detention is a choice,” arguing that Benitez could leave custody by agreeing to self-deport.

Benitez’s new Ohio-based attorney filed a habeas petition on her behalf with the U.S. District Court for the Eastern District of Kentucky in March. Judge Chad Meredith, a Trump appointee, joined the court’s bench last fall. He has received more than 80 habeas cases involving immigrants in ICE custody since his confirmation, most of which are still active; he has yet to side with an immigrant detainee, but he has denied a half-dozen habeas petitions outright. 

The 6th Circuit’s latest ruling could give Benitez a shorter route out of custody. Christopher filed a bond motion for Benitez “the minute (the ruling) came out,” he told Wisconsin Watch. “Given the unusual circumstances of her case,” Christopher added, he plans to ask Meredith to order a bond hearing on a short turnaround, rather than waiting more than a week. DHS can appeal bond decisions.

Christopher isn’t alone in his haste. Aissa Olivarez, an attorney with the Madison-based Community Immigration Law Center, filed a bond motion for another client held at the Campbell County Detention Center just after the news broke — a first since the Board of Immigration Appeals approved the mandatory detention rule last September. 

“We are now working to identify other people who have reached out in the past,” she added, “to see who might be eligible for bond now.”

Olivarez and other immigration attorneys are still awaiting a decision from the 7th Circuit; the U.S. Department of Justice filed a motion requesting expedited oral argument  on Monday. 

The issue may reach the U.S. Supreme Court.

“It’s up to the justices whether they want to take the case,” Christopher said, “but traditionally on cases involving immigration, cases where there’s been a clear circuit split, and where it affects literally tens of thousands of people, I think it’s going to be near the top of the issues they want to resolve.”

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Milwaukee immigration attorney Anthony Locke spent the first weekend in November wrapping his head around the latest ground-shaking rule change for asylum cases. His Department of Homeland Security (DHS) counterpart apparently did the same while pushing to deport one of Locke’s clients.

Locke represents a Nicaraguan asylum seeker arrested in a late September ICE operation in Manitowoc. That client was set to appear before an immigration court judge on Nov. 4 in a hearing Locke hoped would move the man closer to securing his right to remain in the U.S. 

But five days earlier, the Board of Immigration Appeals — a powerful, if relatively obscure Department of Justice tribunal that sets rules for immigration courts — had paved the way for courts to more easily toss out asylum cases and instead deport applicants, not to their home country, but to a “third country” they barely know. 

Just before the Nov. 4 hearing, the DHS attorney motioned to dismiss Locke’s client’s case and deport him to Honduras, through which he had only briefly passed on his trek north. Locke now has until early December to argue that his client could face “persecution or torture” in Honduras. 

“Trying to demonstrate that they’re scared of a place they’ve had minimal contact with,” he said, is akin to proving a negative. 

If the judge sides with DHS, the Nicaraguan man will be sent to Honduras without an opportunity to make his case for remaining in the U.S.

“I am, quite frankly, not too hopeful, and I’ve had to be quite honest with my client about that,” Locke said. “This is so sudden, so jarring, and it has such an immense impact.”

The full impact of the appeals board ruling remains to be seen, but it has the potential to affect the cases of thousands of immigrants who entered the asylum process since President Donald Trump’s first administration in 2019 began establishing “safe third country” agreements, starting with Guatemala, Honduras and El Salvador. 

U.S. law for decades guaranteed anyone physically present in the U.S. the right to seek asylum, but the agreements allowed the U.S. to instead send asylum seekers to third countries to seek legal status there. 

While Joe Biden suspended most third country agreements during his presidency, Trump, upon returning to office in January, revived them as a means to limit asylum applications and facilitate deportations. The list of countries willing to accept the deportees is still growing, though not all have signed formal “safe third country” agreements.

The Board of Immigration Appeals overhauled the process of sending an asylum seeker to a third country. Its ruling allows DHS to send asylum seekers to countries through which they did not pass en route to the U.S. It also requires immigration courts to consider whether asylum seekers can be sent to a third country before hearing their cases for remaining in the U.S., creating the proving-a-negative scenario Locke described. 

The ruling may not impact those who filed for asylum before third country agreements were forged. 

DHS did not respond to Wisconsin Watch’s request for comment.

Locke’s client entered the U.S. in 2022, requesting asylum on the grounds that his protests against Nicaragua’s ruling party made him a target for persecution. The man entered the country through a Biden-era “parole” program that allowed some immigrants from Cuba, Haiti, Nicaragua and Venezuela to live and work in the U.S. for two years, Locke said. Roughly a third of new arrivals to Wisconsin who entered the immigration court system since 2020 came from Nicaragua, though not all secured parole. 

The Trump administration ended the parole program earlier this year, claiming that the roughly 500,000 immigrants who entered the country through the program had not been properly vetted and that participants limited opportunities for domestic workers.

Locke’s client landed in the immigration court system in September after his arrest in Manitowoc. He is currently in custody in the Dodge County jail — one of a growing number of local detention facilities in Wisconsin housing ICE detainees. 

One of his fellow detainees, Diego Ugarte-Arenas, faces a similar predicament. The 31-year-old from Venezuela entered the U.S. in 2021 alongside his wife, Dailin Pacheco-Acosta. The couple filed for asylum upon reaching Wisconsin, citing their involvement in opposition to Venezuelan President Nicolas Maduro. Pacheco-Acosta found work as a nanny in Madison, and Ugarte-Arenas found a restaurant job. 

ICE last month arrested the couple during a routine check-in at DHS’ field office in downtown Milwaukee, forcing them to argue their asylum case in the immigration court system. Ugarte-Arenas remains in Dodge County, while his wife sits in a county jail in northern Kentucky. Another recent Board of Immigration Appeals decision limits their ability to post bond and continue their case while reunited in Wisconsin. 

The couple appeared in court for the first time on Nov. 12, both via video call. Though separated by hundreds of miles, the cinderblock walls behind them made their settings look almost identical. 

As they waited for their case to reach the top of the queue, the couple watched the court field-test the new rule on third-country deportations as the DHS attorney motioned to send another asylum seeker to an unnamed third country. But when Judge Eva Saltzman called their case, the DHS attorney did not make the same motion.

“When you move this quickly and have this volume of cases, not every case gets treated the same,” said Ben Crouse, an attorney representing the couple. The inconsistency, Crouse said, reflects the “crazy arbitrariness of the system.” 

After scheduling a follow-up hearing, Saltzman allowed the couple to speak to one another for the first time since their arrest. 

“Everything will be OK, you hear me?” Ugarte-Arenas said through tears. 

Saltzman moved on to the next case.

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A Venezuelan couple arrested Oct. 23 during a routine check-in at U.S. Immigration and Customs Enforcement’s downtown Milwaukee office are attempting to continue their asylum cases while detained — one in ICE’s Dodge County detention facility and the other in a Kentucky facility. 

The arrests reflect an apparent shift in ICE’s interpretation of protections for asylum seekers, posing new risks for those waiting for immigration officials to hear their cases.   

Diego Ugarte-Arenas and Dailin Pacheco-Acosta fled Venezuela in 2021, crossing the border at Eagle Pass, Texas, by November of that year and encountering border patrol officers, according to an ICE spokesperson. Hundreds of thousands of Venezuelans have made the same journey in the last decade, of whom at least 5,000 have settled in Wisconsin. 

Milwaukee immigration attorney Ben Crouse, who took on the couple’s case after they were detained, told Wisconsin Watch that border patrol officers initially provided Ugarte-Arenas and Pacheco-Acosta with notices to appear in immigration court. Critically, those notices didn’t provide a date or time for their future hearing, preventing the immigration court system from opening removal cases against them. 

The Department of Homeland Security (DHS) at that time routinely issued notices to appear without specifying a hearing date, Crouse said, despite multiple U.S. Supreme Court rulings underscoring that notices must specify a time and date. 

“There was a lag time between the Supreme Court saying they had to have times and dates on the notice to appear and DHS actually communicating with (the Department of) Justice to put things on calendars,” Crouse noted.

The couple then made their way to Wisconsin and filed for asylum, a legal protection from deportation for immigrants fleeing persecution. Their joint application cited their involvement in the political opposition to Venezuelan President Nicolas Maduro as grounds for asylum, Crouse said.

The paths to asylum in the U.S.

Immigrants can take two paths to claim asylum in the U.S. 

Ugarte-Arenas and Pacheco-Acosta filed for “affirmative” asylum, managed by U.S. Citizenship and Immigration Services (USCIS) and generally open only to those without removal cases before an immigration court. Without complete notices to appear, Crouse noted, the couple’s cases had not yet reached the court, opening the door to this pathway.

Immigrants with open removal cases apply for “defensive” asylum with an immigration court judge.

At least 100 immigrants with Wisconsin addresses have entered the defensive asylum process between January 2020 and August of this year, court records show. Most came from Nicaragua, Colombia and Venezuela. Between 2019 and 2024, immigration court judges in Chicago — the court with jurisdiction over most Wisconsin cases — denied roughly 40% of asylum petitions, according to data collected by the nonprofit Transactional Records Access Clearinghouse.

Under the Biden administration, immigration authorities began correcting incomplete notices to appear, enabling them to move asylum applications from the affirmative process to the defensive process. That swap rarely landed asylum seekers in detention, Crouse said.

Ugarte-Arenas’ and Pacheco-Acosta’s arrests are part of a broader shift in ICE’s attitude toward asylum. Multiple Milwaukee-area immigration attorneys say the agency is now detaining immigrants after terminating their affirmative asylum case. 

An ICE spokesperson did not respond to Wisconsin Watch’s questions about its new approach. 

“ICE does not ‘randomly’ arrest illegal aliens,” the spokesperson wrote in an email. “Being in the United States illegal (sic) is a violation of federal law. All aliens who remain in the U.S. without a lawful immigration status may be subject to arrest and removal.”

The couple is now pursuing the defensive asylum process while separated by hundreds of miles. In September, DOJ’s Board of Immigration Appeals, which can set rules for federal immigration courts, ruled that immigrants in ICE custody who entered the country “without inspection” are ineligible for release on bond. The decision mirrors an argument that the Department of Homeland Security has made in immigration courts nationwide since July. 

Navigating the asylum process from ICE detention is logistically difficult, Crouse noted. Scheduling a brief phone call can take days, he said, and attorneys must rely on faraway sheriffs’ offices to ferry paperwork to and from their clients. 

“Tiny little things take days to fix,” he added.

A shifting approach

ICE’s shifting approach to asylum is not limited to affirmative cases.

In recent months, the agency has also begun filing motions to dismiss the immigration court cases of defensive asylum seekers, said Milwaukee immigration attorney Marc Christopher. Once the immigrants’ cases are dismissed, ICE can place them in “expedited removal” proceedings — a fast-moving process that does not require a hearing. 

In some cases, Christopher said, “they dismiss a case in court and ICE is waiting right outside. Or they wait until they come to a check-in and arrest them there.”

ICE agents arrested roughly 75 immigrants at or near its Milwaukee office between January and July of this year, more than at any other Wisconsin site listed in agency arrest records during the period. Most of those arrested at the office, including Ugarte-Arenas and Pacheco-Acosta, had neither a past criminal conviction nor a pending criminal charge.

The Milwaukee office also includes a “holding room” in which an average of six people were detained at a time as of June, according to Vera Institute of Justice data. 

DHS recently extended its lease on the property, which is owned by the Milwaukee School of Engineering, until April 2026, with options to retain the space until 2028. ICE is preparing to open a new office on Milwaukee’s northwest side this fall.

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The federal government has extended its lease on a downtown property used by U.S. Immigration and Customs Enforcement, according to federal lease records and the building’s owner. 

The property at 310 E. Knapp St. is owned by the Milwaukee School of Engineering but will remain in use by the federal government through at least April 2026, with options to extend through 2028, said JoEllen Burdue, the college’s senior communications director. 

“We do not have immediate plans for the building and will reevaluate next year when we know whether or not the government wants to extend the lease,” Burdue said.

The lease was originally scheduled to expire in April 2025. 

With a new ICE facility under construction on the city’s Northwest Side, the downtown lease extension raises the possibility that the federal government is expanding local immigration infrastructure or enforcement. This would be consistent with other forms of expansion in immigration enforcement, statewide and nationally. 

“I’m upset and concerned about what this means for my immigrant constituency. For my constituents, period,” said Ald. JoCasta Zamarripa, who represents the 8th District on the South Side.

Immigration infrastructure

The Knapp Street property is used by ICE as a field office for its Enforcement and Removal Operations, according to ICE. 

This includes serving as a check‑in location for individuals under ICE supervision who aren’t in custody and a processing center for individuals with pending immigration cases or removal proceedings.

According to a Vera Institute of Justice analysis, the number of people held at the Knapp Street location has been increasing. 

The Vera Institute is a national nonpartisan nonprofit that does research and advocates for policy concerning incarceration and public safety. 

The most people held by ICE at a given time at that Knapp Street location during the Biden administration was six. On June 3, 22 people were held there – also exceeding the high of 17 during President Donald Trump’s first administration, according to data from Vera Institute. 

The office generally does not detain people overnight but can facilitate transfer to detention centers that do. 

The functions carried out at the Knapp Street office mirror those planned for the Northwest Side facility.

City records show the West Lake Park Drive property will be used to process non-detained people as well as detainees for transport to detention centers.

The records also state that the property will serve as the main southeastern Wisconsin office for immigration officers and staff.

The U.S. General Services Administration, the federal government’s real estate arm, initially projected the new site would open in October. However, a spokesperson said there was no update and did not confirm whether that timeline still stands.

Neither ICE nor the Department of Homeland Security, which oversees ICE, responded to NNS’ requests for comment. 

Rise in immigration enforcement

As local immigration enforcement grows, so does enforcement throughout the state and the rest of the country. 

Nationally, the number of immigrants booked into ICE detention facilities increased in less than a year – from 24,696 in August 2024 to 36,713 in June 2025, according to the Transactional Records Access Clearinghouse. 

The Transactional Records Access Clearinghouse is a nonprofit at Syracuse University that conducts nonpartisan research. 

Not only are more people being detained, but they are being detained for longer, said Jennifer Chacón, the Bruce Tyson Mitchell professor of law at Stanford Law School. 

A July 8 internal memo from ICE Acting Director Todd Lyons instructs agents to detain immigrants for the duration of their removal proceedings, effectively eliminating access to bond hearings. 

Eighty-four of 181 detention facilities exceeded their contractual capacity on at least one day from October 2024 to mid-April 2025, according to a July report from the Transactional Records Access Clearinghouse. 

The Dodge County Jail – which ICE uses to detain people apprehended in Milwaukee – is one of the facilities that exceeded its contractual capacity. On its busiest day, it held 139 individuals – four more than its 135-bed limit.   

In addition to Dodge County, Brown and Sauk county jails have also entered into agreements with ICE to house detained immigrants, according to records obtained by the ACLU of Wisconsin. 

ICE’s unprecedented budget

Noelle Smart, a principal research associate at the Vera Institute, notes that it remains unclear whether increased immigration enforcement drives the need for more detention infrastructure or expands to catch up with more infrastructure. 

But, Smart said, with ICE’s unprecedented new budget, the question of which one drives the other becomes less relevant.

Trump’s proposed ICE budget in 2025 was $9.7 billion – a billion more than ICE’s 2024 budget. An additional $29.85 billion was made available through 2029 for enforcement and removal as part of the “One Big Beautiful Bill Act.” 

“We know this administration intends to vastly increase the number of people subject to arrests and detention, and we expect to see increases in both given this budget,” Smart said.

Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.  

The post Federal government extends lease at downtown building used by ICE appeared first on Milwaukee Neighborhood News Service.

The recent arrest of Milwaukee County Circuit Court Judge Hannah Dugan – who is accused of obstructing a federal immigration arrest inside the Milwaukee County Courthouse – has intensified concerns over immigration enforcement and sparked questions about what rights individuals have when encountering federal agents.

Here’s what to know.

What is obstruction?

Obstruction occurs when a person prevents or makes it more difficult for an officer to perform their duty – a definition that covers a broad range of actions, said Benjamin Van Severen, a Milwaukee-based criminal defense attorney and founder of Van Severen Law Office.

Obstruction can include physically interfering with an arrest, such as refusing to comply during a traffic stop.

“Let’s say you’re in a vehicle, and law enforcement does a traffic stop and then you refuse to unlock the doors – that could be obstruction,” said Van Severen.

Obstruction also includes providing false information to law enforcement.

According to the criminal complaint, Dugan obstructed U.S. Immigration and Customs Enforcement agents by escorting the individual they intended to arrest into a nonpublic area of the courthouse after requesting the agents go to the chief judge.

A related but distinct offense from obstruction is known as harboring.

Harboring generally refers to knowingly assisting someone to remain in the United States unlawfully – typically by hiding, transporting or supporting them in order to help them avoid detention.

Knowledge and intent are critical components of the charge.

“You have to be acting with the conscious purpose of aiding their intention to remain here illegally,” said Ronald Kuby, a civil rights attorney familiar with similar cases.

“If, let’s say, Ahmed says to his neighbor, ‘Look, I need $150 to get a bus ticket to go to Canada because ICE is going to arrest me,’ it’s perfectly fine to give Ahmed that 150 bucks to go to Canada,” he said. “He may not buy that bus ticket to Canada. He may buy a bus ticket to, you know, Indianapolis, but that’s not on you.”

Different type of warrants

Understanding the difference between types of warrants is crucial in understanding immigration enforcement, particularly when it comes to where these warrants permit officers to go.

An administrative warrant permits immigration officers to arrest someone in a public place, such as a sidewalk or bus station. However, it does not allow entry into a private residence without consent.

Judicial warrants, by contrast, are signed by a judge and can authorize arrests in both public and private spaces

Despite the differences, both administrative and judicial warrants are lawful tools that permit arrests in immigration cases, Van Severen said.

However, there are different rights that can be asserted depending on the type of warrant.

If law enforcement presents an administrative warrant, people inside a private residence have the right to refuse entry.

“If it’s not signed by a judge, they can’t come into your home without permission,” said R. Timothy Muth, staff attorney with the American Civil Liberties Union, or ACLU, of Wisconsin. “Ask to see the warrant. Have them slip it under the door or show it to you at your window. Look at the signature line – does it say ‘magistrate judge’?”

Other rights

Regardless of citizenship status, everyone in the U.S. has certain constitutional protections, including the right to remain silent and to speak to an attorney.

However, if the arrest is for an immigration violation and not a criminal offense, the government does not have to provide a lawyer, explained Ruby De León, staff attorney at Voces De La Frontera, an immigrant advocacy organization in Milwaukee.

Documenting activities related to immigration enforcement, such as filming, noting names and badge numbers, is also legal so long as it does not interfere with law enforcement actions, said Muth.

Tangible steps

Voces and the ACLU advise against signing any documents without a lawyer.

If a person is not a citizen but has documentation that permits them to stay in the country – such as a green card – they are required to keep that documentation with them, Muth said.

Muth recommends carrying documentation showing continuous presence in the country for more than two years, such as a lease agreement, pay stubs or utility bill in their name.

Individuals who cannot prove they’ve been physically present in the U.S. for at least two years may be subject to expedited removal – a process that allows the U.S. Department of Homeland Security, which oversees ICE, to deport someone without a hearing before an immigration judge.

Advocates recommend ensuring documentation is current, applying for passports for U.S.-born children and pursuing citizenship or legal status if eligible, perhaps through an employer or family member.

Voces suggests completing power-of-attorney forms to prepare for potential family separation. If a person is detained or deported, these forms allow a designated individual to make medical, financial or childcare decisions on their behalf.

Forward Latino, a nonprofit organization that advocates for the civil rights of Latinos throughout the country, has created a toolkit regarding potential family separation.

Other resources

A City of Milwaukee municipal ID can serve as a form of identification for city residents who cannot get state identification.

Voces maintains a list of immigration, workers’ rights and family attorneys it deems trustworthy.

Voces also provides various workshops and clinics, including Know Your Rights training, citizenship classes and legal clinics. For citizenship classes, call (414) 236-0415 or email newamerican@vdlf.org. For other services or questions, call (414) 643-1620.

Organizations like Catholic Charities Refugee and Immigration Services, International Institute of Wisconsin and UMOS offer free or low-cost legal assistance regarding immigration and citizenship.

Immigrant Legal Resource Center provides a downloadable card listing people’s rights and protections.

The post What you should know about your rights after judge’s arrest appeared first on Milwaukee Neighborhood News Service.

Standing in the rotunda at the Milwaukee County Courthouse, Darryl Morin, national president of Forward Latino, pointed toward 10th Street and asked if anybody noticed the U.S. Customs and Border Protection vehicle outside.

He argued that it is exactly this sort of presence of federal immigration agents that will deter the immigrant community from coming to the courthouse.

Morin made the statement during an April 8 news conference held in response to two arrests made by U.S. Immigration and Customs Enforcement, or ICE, at the courthouse complex.

Morin’s group is a non-profit organization that advocates for the civil rights of Latinos throughout the country.

The arrests have sparked fear and outcry among elected officials, community leaders and legal advocates who argue that the courthouse is a place where people need to go for essential services for daily life.

Milwaukee County Supervisor Juan Miguel Martinez, speaking at the news conference, described the arrests as “absolutely something that should never be happening” and said that the “courthouse is supposed to be a safe place for people to come and be able to work with these systems that have been implemented . . . to live dignified lives.”

Who was arrested?

An ICE spokesperson said in an email that the agency detained what it called “two criminal aliens” at the county courthouse complex.

According to ICE, Marco Cruz-Garcia, 24, and Edwin Bustamante-Sierra, 27, are citizens of Mexico and Nicaragua, respectively. Both were arrested inside the Milwaukee County Courthouse complex, on March 20 and April 3, respectively.

ICE stated that Cruz-Garcia is a “known member of the Sureños transnational criminal street gang” who was previously arrested for multiple criminal charges, including breaking or entering, car theft and assault. Wisconsin court records show that Cruz-Garcia has been charged with battery related to domestic violence – but has not been convicted.

According to court records, Bustamante-Sierra was convicted in Fond du Lac County of reckless driving, speeding and operating without a valid license. He currently faces gun and drug-related charges in Milwaukee County.

Local pushback

In January, the Trump administration issued guidelines allowing ICE agents to conduct civil immigration enforcement actions in or near courthouses.

However, it is these sorts of actions that are precisely ones that affect the functioning of the courts, according to a statement from Chief Judge Carl Ashley, who is responsible for overseeing Milwaukee County’s circuit courts.

“The presence of ICE agents can deter individuals, particularly immigrants and marginalized communities, from attending court hearings, seeking legal assistance or reporting crimes. This undermines the fundamental right to access the courts and seek legal remedies.”

A statement from Milwaukee County Executive David Crowley, who oversees county-related services, described the practical effects these ICE arrests can have.

The courthouse is a place that “stands as a cornerstone of justice where residents come to seek information, resources and fair participation in the legal process.”

Some of these services can only take place in person.

Crowley’s office told NNS in an email that the county courthouse offers a wide range of state-mandated services related to court matters, including civil and criminal cases, family law, probate and jury service, among others.

The Milwaukee Justice Center also is located within the courthouse and provides additional free or low-cost legal assistance and resources.

People can go to the justice center when they need help understanding their court paperwork or various forms as well as receive legal guidance when they do not have an attorney.

Other services available at the courthouse include child support services and public meetings. 

Israel Ramon, the county register of deeds, emphasized all the different types of paperwork a person must often get in his office.

A person can go to the register of deeds in the courthouse for vital records, such as a birth certificate and property records – documents that every person in the county has a right to access, said Ramon, who described himself at the news conference as a proud Mexican American, born in Mexico, who “became a U.S. citizen by choice.”

“Any action by ICE in the register of deeds office will not be permitted unless an ICE agent has a signed warrant by a federal judge. Otherwise, they are not welcome to my office.”

What’s next?

The county board is moving toward “a comprehensive plan”  to make sure that the courthouse is “safe for all residents,” said Supervisor Caroline Gómez-Tom.

Supervisors expect Justin Bielinski, who is chair of Judiciary, Law Enforcement and General Services Committee, to schedule a resolution to create such a plan during the committee’s meeting Tuesday, April 15.

After the committee meeting, the resolution could be moved to the full board for a vote on final approval.

Resources

More information about services available at the courthouse is available at county.milwaukee.gov.

Residents can reach out to the register of deeds by calling 414-278-4021.

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A new U.S. Immigration and Customs Enforcement facility on the Northwest Side is estimated to be in operation by October, according to a spokesperson for the General Services Administration, the real estate arm of the federal government. 

The building at 11925 W. Lake Park Drive will serve as the main Southeastern Wisconsin office for ICE officers and staff.

Officials at the facility will manage scheduled check-ins for those not being detained as part of immigration proceedings and process detainees for transport.

Although ICE already carries out these functions at a building downtown, some community members are on edge as immigration policies continue to change.

What we know

The City of Milwaukee Department of Neighborhood Services received a letter from the General Services Administration confirming ICE’s lease of the Northwest Side property, said Jeremy McGovern, marketing and communications officer for the department.

The property was purchased in October 2024 by a company called Milwaukee Governmental LLC.

According to the materials submitted by the company, roughly half of the 36,000 square foot building would be modified to include a sally port, a type of secured entryway, and an 8-foot privacy fence—both common features for facilities handling detainees.

Under typical circumstances, a property owner would need city zoning approval for such modifications. However, the federal government invoked its authority to bypass local zoning regulations.

The property must still comply with national building codes related to health and safety.

What happens next

The property owner is working with the Department of Neighborhood Services to obtain local permits regulating plumbing, electrical and HVAC, according to records provided by the Department of Neighborhood Services.

These permits, and others, have been issued and await final inspection.

Final inspections ensure the work performed is within the scope of the permit application and meets code requirements, McGovern said.

The Department of Neighborhood Services is waiting for the final inspections to be requested.

Construction is slated to begin in May, according to the General Services Administration spokesperson.   

ICE officials did not respond to several questions about the status and timeline of the facility.

In case you missed it: Alderwoman wants the public to be part of the conversation about a potential new ICE facility

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