A college student now facing deportation was mistakenly stopped by police during a traffic stop. This raised concerns about profiling and error.
Ximena Arias-Cristobal’s traffic stop sparks legal turmoil and deportation concerns
A traffic stop in Dalton, Georgia, has escalated into a potential deportation case involving a 19-year-old college student.
Ximena Arias-Cristobal, a Mexican national and undocumented immigrant, is now in federal custody despite being wrongly pulled over.
Authorities admitted that Dalton police should never have stopped her.
The confusion began when the officer mistook her for another driver, accusing her of making an illegal turn at a red light.
The mistake led to her detention and involvement with Immigration and Customs Enforcement (ICE).
The wrongful traffic stop and the confusion about the alleged violation
According to Dalton city leaders, the officer confused Arias-Cristobal with another vehicle.
The confusion occurred after seeing a black pickup truck make an illegal turn.
While the officer was searching for the offending truck, he mistakenly pulled over Arias-Cristobal’s gray Dodge truck.
Upon questioning, she explained that the vehicle belonged to her mother’s friend.
However, the officer discovered that she did not have a valid driver’s license, leading to her arrest.
Legal challenges and the impact of the mistake
While all charges were dropped by Dalton police, Arias-Cristobal’s situation remains dire.
Her attorney, Dustin Baxter, criticized the authorities for the “heartbreaking” mistake. The error led to her being detained and facing deportation. He expressed frustration over the delay in resolving the issue.
Arias-Cristobal, who has an international driver’s license, told the officer she didn’t drive often. She explained this was due to fears of traffic stops in the area, which is known for roadblocks.
“It’s super maddening,” said attorney Dustin Baxter of Kuck Baxter Immigration.
“We’ll give them the benefit of the doubt and say there was no ill intent on the part of this police officer, it’s just heartbreaking that a mistake by a police officer cost this person her freedom ultimately and may cost her her residency in the United States.”
The family’s immigration status and ongoing detention
Arias-Cristobal’s story reveals deeper issues regarding her family’s illegal status in the U.S.
According to report, Ximena Arias-Cristobal was bought to the U.S. illegally by her parents from Mexico City in 2010, when she was just 4 years old.
The family settled in Dalton, located over 30 miles from the Tennessee-Georgia border.
Due to her non-citizen status, arias-cristobal paid out-of-state tuition at her college, even though she had lived in the area for years.
Ximena was arrested after running red light
After the arrest, officers tried to contact Arias-Cristobal’s mother and the car’s owner.
However, both were unable to speak English. The arrest report states that arias-cristobal was charged with driving without a valid license and failure to obey traffic signals.
She was transported to whitfield county jail, which participates in the 287(G) program, a partnership with U.S. authorities.
Immigration and Customs Enforcement (ICE) designed to identify undocumented immigrants.
Student’s father also detained by ICE after traffic stop
Student’s father is also detained by ICE after a separate traffic stop last month**
This is not the first time the Arias family has encountered immigration enforcement. Arias-Cristobal’s father, Jose Francisco Arias-Tovar, has been held at the same detention facility since last month.
He was taken into custody after a separate traffic stop for allegedly speeding. Like his daughter, he now faces potential deportation.
A hearing is scheduled for May 20, where Arias-Cristobal’s lawyer will argue for her release before the deportation hearing.
Attorney Baxter plans to prove that she is neither a flight risk nor a danger to the community.
He believes she should be granted temporary release until further proceedings.