Dalton college student being held by ICE granted bond

Ximena Arias-Cristobal, a 19-year-old college student from Dalton, Georgia, has been granted a $1,500 immigration bond after spending more than two weeks in ICE custody following a traffic stop that resulted in a wrongful arrest. She is expected to be home by Thursday, according to her attorney's firm. 

What we know:

The bond was secured during a rescheduled hearing on May 21, after a technical outage forced the original proceeding to be postponed. Arias-Cristobal's attorney confirmed that the government waived its right to appeal the bond decision, allowing her family to move forward with payment.

"Ximena was given the minimal amount of bond possible under the law, $1,500!  The judge had reviewed Ximena’s case in detail and determined that Ximena is in fact not a flight risk or a danger to the community in the least.  The Department of Homeland Security indicated that it would not appeal the judge’s decision.  The family will pay the bond ASAP and Ximena will be home with her family tomorrow afternoon at the latest," Dustin Baxter said. 

Arias-Cristobal’s case has drawn national attention, sparking protests and nearly $90,000 in donations to a GoFundMe campaign set up to support her legal costs. Supporters, including community members and families she has worked for as a babysitter, have rallied around her, calling for her immediate release and return home.

What they're saying:

"We're super excited for the family. This is going to be a great reunion for them," said Dustin Baxter, Cristobal’s attorney.

"She’s a great person, not a flight risk or a danger to the community," Baxter said, adding that he was relieved the government chose not to appeal the bond decision.

Though her traffic charges were dismissed, her immigration case remains active.

"They’re still going to pursue removal because she didn’t have any lawful status," Baxter said. "She wasn’t legally in the United States. She didn’t have a work permit or a visa, because she couldn’t get one, not because she didn’t want one."

While in custody, Cristobal tried to stay positive by helping other detainees, Baxter said.

"She passed her time by helping people in detention," he said. "She was looking for people that she could translate for, or looking for ways that she could serve other people. And that’s how she maintained her positivity and her sanity.

Local perspective:

Criminal defense attorney Joshua Schiffer, who is not connected to the case, said it highlights broader concerns in Georgia’s immigrant community.

"The entire immigrant community in Georgia is very concerned about these cases," Schiffer said. "They don't know when a paperwork mistake will happen or whether the officers are operating on the wrong information."

Schiffer warned that more cases like Cristobal’s may arise under current federal priorities.

"President Trump has been very clear that he wants to deport all undocumented people as quickly as possible," he said. "It was one of his big campaign promises, and he intends to fulfill it."

PREVIOUS STORIES

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)

The backstory:

Arias-Cristobal, a student at Dalton State College and a Mexican national, was arrested on May 5 for allegedly making an illegal right turn on red and driving without a license. She was initially booked into the Whitfield County Jail before being transferred to the Stewart Detention Center, a U.S. Immigration and Customs Enforcement facility in southwest Georgia.

However, just days later, the City of Dalton dropped all charges after reviewing dashcam footage and determining she had been mistakenly identified. Officials confirmed her vehicle was not involved in the traffic violation that led to her arrest.

Despite the dropped charges, Arias-Cristobal remained in ICE custody because of her undocumented status. Her legal team has been advocating for her release through the immigration system since the charges were cleared.

Political reaction:

State Representative Mary Ann Santos (D-McDonough) today issues the following statement in support of the decision to grant bond to Ximena Arias-Cristobal, a 19-year-old Dalton State College student who was recently placed in federal custody:

"Ximena was brought to the U.S. when she was four years old and was mistakenly pulled over for a traffic violation and arrested. She was then held in detention due to her immigration status. Granting Ximena bond is a step in the right direction toward getting her back to her family and her studies. Her situation shows why we need to review our immigration laws. Our laws should be kept in place to keep us from real threats, while also being fair to people like Ms. Arias-Cristobal who contribute to our society. We need clearer policies to help law enforcement distinguish between bad actors versus those who positively contribute to their communities – and clearer pathways to citizenship for them. Immigrants are key to Georgia’s success – contributing greatly to our agriculture industry and many other businesses, making our state strong. When they can live and work without fear, everyone in Georgia benefits. Effective immigration laws should enhance public safety by strategically focusing enforcement on serious risks, ensuring fair treatment for everyone and helping all integrated community members find stability. Achieving these goals will require us to work together, across different perspectives, to find common ground. By working together, we can find practical solutions that truly boost safety, grow our economy and uphold fairness for all Georgians."

What's next:

With the bond granted and payment underway, Arias-Cristobal is expected to return home by May 22. Her legal team says they are preparing for the next phase of her immigration case.

While her release is imminent, Arias-Cristobal still faces immigration proceedings ahead. Her legal team says the fight isn’t over, but Wednesday’s outcome is a critical first step in reuniting her with her family and community.

Cristobal’s legal team anticipates she won’t appear in immigration court again for at least a year due to a significant backlog in federal cases.

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