DALTON, Ga. – Charges have been dropped against a 19-year-old college student who was arrested during a traffic stop in Dalton earlier this month—a case that has drawn national attention and sparked outrage among immigration advocates and members of the community.
PREVIOUS STORY: DHS defends ICE detainment of Georgia college student who violated traffic laws: ‘Not ignoring rule of law’
What we know:
The City of Dalton confirmed Monday that all charges against 19-year-old Ximena Arias-Cristobal were dismissed after a review of police dash-cam video showed she was not the driver who committed the traffic violation that led to her arrest on May 5. Arias-Cristobal had been cited for making an improper turn and driving without a valid license. However, Dalton police now say she was mistakenly identified. “Miss Arias-Cristobal’s vehicle was very similar in appearance to the offender vehicle,” Dalton Police Assistant Chief Chris Crossen said.
Ximena Arias-Cristobal, a 19-year-old who was brought to the US illegally as a child, is in ICE custody after she was pulled over for illegally turning right on red in Georgia. (Courtesy of GoFundMe)
According to the city, video from the incident revealed that a black pickup truck made an illegal right turn at the intersection of Walnut Avenue and Thornton Avenue, where right turns on red are prohibited.
Arias-Cristobal, a student at Dalton State College, was driving a dark gray pickup truck that happened to be part of a line of cars turning left at the same time the officer attempted to pursue the actual offending vehicle.
When the officer caught up with her near Crawford Street, he stopped her vehicle and made contact. Audio of the initial interaction was not recorded. “It’s a situation where the wrong vehicle was stopped, and it’s a very regrettable thing that this is where this led,” Chief Crossen said.
Full: Ximena Arias-Cristobal police traffic stop
The Dalton Police Department released this video showing the traffic stop involving Ximena Arias-Cristobal, who was accused of making an improper turn and driving without a valid driver’s license.
The Dalton Police Department, the prosecuting attorney, and city officials reviewed the video and determined Arias-Cristobal’s vehicle was not the one that committed the traffic violation. She was cleared of both the improper turn and license charges, and the City Attorney notified her legal representatives of the decision to drop the case.
Full: Ximena Arias-Cristobal police arrest
The Dalton Police Department released this video showing the traffic stop involving Ximena Arias-Cristobal, who was accused of making an improper turn and driving without a valid driver’s license.
Through the arrest, federal authorities learned Arias-Cristobal is in the U.S. illegally. She is now being held in an ICE detention facility and faces deportation. “The problem with this administration’s policy with immigration is it doesn’t differentiate between hardened criminals and innocent people who get caught up in the mix,” said Attorney Dustin Baxter, who is representing Arias-Cristobal.
Her family says she was born in Mexico and came to the U.S. at 4 years old and has lived in Georgia most of her life. Now, her future here is unknown. “It sheds more light on how devastating this case is, someone who is living in the community, doing everything they can to live her dream. Everything is upended because of a mistake by a police officer, so it’s very devastating,” said Baxter.
The backstory:
After her arrest, authorities determined she was undocumented and turned her over to U.S. Immigration and Customs Enforcement (ICE). She was transferred to the Stewart Detention Center in southwest Georgia.
According to Department of Homeland Security (DHS) officials, Arias-Cristobal admitted she is in the U.S. without legal status and does not have an application pending with U.S. Citizenship and Immigration Services. Although she has an international driver’s license, her mother had taken possession of it prior to the stop, and the arresting officer did not accept it as valid.
What they’re saying:
Supporters of Arias-Cristobal, including neighbors, friends, and her former employer, have rallied for her release since the college student was arrested. A GoFundMe campaign launched to raise money for her bond and legal fees has drawn wide support. The fundraiser was started by Hannah Jones, a local mother who says Arias-Cristobal has babysat her children for years.
“She has babysat for my kids for years. We adore her. Ximena is my close friend and my children’s favorite babysitter,” Jones wrote.
Arias-Cristobal’s younger sister, Aurora, tearfully described the impact on her family. “Sometimes I’m sad and I cry because I can’t believe my sister is in jail. And then I’m angry because how could somebody do that to a 19-year-old college student?”
Her mother, through Aurora’s translation, said she is devastated over her daughter’s detention and fears what will happen next.
North Georgia college student faces deportation
We’re hearing from the family of a North Georgia college student who is in ICE custody. The 19-year-old – who attends Dalton State – was born in Mexico and came here illegally when she was four. Immigration officers took her into custody after a traffic stop. She now faces deportation. Her family and members of her community are demanding her release.
Dozens of protesters also gathered last Friday outside the Plaza Fiesta in DeKalb County, calling for the release of Arias-Cristobal and her father.
The other side:
Arias-Cristobal’s father, Jose Francisco Arias-Tovar, was also arrested recently in an unrelated traffic incident for speeding and driving without a license. He is being held at the same ICE facility. DHS officials say both admitted to being in the country illegally and do not have pending immigration cases.
“The family will be able to return to Mexico together,” a DHS spokesperson said previously. “Mr. Tovar had ample opportunity to seek a legal pathway to citizenship. He chose not to. We are not ignoring the rule of law.”
The agency also pointed to alternatives, noting that migrants who self-deport using the CBP One app may be eligible to return legally in the future.
What’s next:
Despite the dismissal of all criminal charges, Arias-Cristobal remains in ICE custody. Federal immigration proceedings are handled separately from local criminal matters, and it remains unclear whether her release will be considered or expedited in light of the dropped charges.
Immigration advocates say the case highlights the real-world consequences of minor police stops turning into life-altering events for undocumented immigrants brought to the U.S. as children.
Arias-Cristobal does not qualify for DACA and has no legal pathway to remain in the country under current immigration law.
The college student’s lawyer, Dustin Baxter, released the following statement after receiving word that the City of Dalton was dropping charges against his client:
“After suffering for more than a week in Police and ICE custody, it turns out it is all based on a police mistake. The tragedy of our system is that there is no remedy for Ximena, as ICE does not care about fairness or justice. We will fight for her release at her bond hearing, and then try to restore some sense of normalcy to her life.”
Baxter says Arias-Cristobal has a bond hearing on May 20, and they’re working to get her released on an immigration bond.
