Key Takeaways:
- Charges against 19-year-old Ximena Arias Cristobal were dropped after Dalton police admitted pulling over the wrong vehicle.
- Despite the mistake, Arias Cristobal remains in ICE custody and faces deportation to Mexico.
- Federal officials defend the detention, citing her undocumented status and that of her father, who is also detained.
A 19-year-old Georgia college student remains in federal immigration custody and faces possible deportation, despite local authorities dropping all traffic charges stemming from a mistaken stop earlier this month.
Ximena Arias Cristobal, who has lived in the United States since she was four years old, was pulled over on May 5 in Dalton, Georgia, and cited for making an improper turn and driving without a license. She was booked into the Whitfield County Jail and later transferred to Immigration and Customs Enforcement (ICE) custody.
However, on Monday, the Dalton Police Department and city prosecutors announced that after reviewing dashcam footage, they determined the officer had pulled over the wrong vehicle. Officials said Arias Cristobal’s truck resembled the actual vehicle that committed the traffic violation.
“Watching the video from a perfect hindsight view, we can certainly see that the vehicle stopped was not the one that made the improper turn,” said Dalton Police Chief Cliff Crossen. “We regret the circumstances and have taken steps to correct the error.”
Despite the dismissal of charges, Arias Cristobal remains detained at the Stewart ICE Detention Center in Lumpkin, Georgia. Her father, Jose Francisco Arias Tovar, is also being held at the same facility following a separate traffic stop last month. Both lack criminal records and are undocumented immigrants.
Arias Cristobal expressed deep fear and confusion. “My life is here, and I’m scared I’m going to have to start over in a country I don’t know,” she said.
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Her case has drawn national attention as it highlights growing concerns over federal immigration enforcement practices under the Trump administration’s second term, which has rolled back previous guidelines that prioritized only serious criminal offenders for deportation.
Homeland Security spokesperson Tricia McLaughlin defended ICE’s actions, stating, “The facts haven’t changed. Both individuals are in the country illegally and must face the consequences.” McLaughlin added that the department encourages migrants to take the administration’s $1,000 incentive to voluntarily return to their home countries.
Rep. Marjorie Taylor Greene, whose district includes Dalton, echoed that sentiment. “While the local charges were dropped, Ms. Cristobal was driving without a license and has no legal basis to remain in the United States,” Greene said.
Legal advocates and immigrant rights groups have called for Cristobal’s release, criticizing ICE for continuing to detain individuals with no criminal background, especially in cases involving law enforcement errors.
“After suffering for more than a week in police and ICE custody, it turns out this was all a mistake,” said her attorney, Dustin Baxter. “The tragedy is that there’s no immediate remedy. ICE does not care about fairness or justice.”
Arias Cristobal, who graduated from Dalton High School in 2024 and now attends college locally, does not qualify for the Deferred Action for Childhood Arrivals (DACA) program due to arriving after the 2007 eligibility cutoff.
Her legal team is preparing to request a stay of removal while the case gains further review. Meanwhile, she and her father await their immigration court hearings with an uncertain future.