Dalton college student on immigration case: 'I do live in fear now. So does my family.'

ATLANTA - A 19-year-old Georgia college student who faces possible future deportation after police in North Georgia mistakenly pulled her over is preparing a legal battle to stay in the United States.

Ximena Arias-Cristobal, who came to the United States illegally with her parents when she was 4 years old, her attorney, and her family will discuss her case and answer questions about what her future legal situation may be.

What they're saying:

Earlier this month, when she was pulled over for what police later admitted was a mistake, immigration officials were notified and began a case to deport her.

"Since I’ve been home, I haven’t been out because I do live in fear now. So does my family," Cristobal said at a news conference Tuesday afternoon.

The officer who pulled her over has since resigned. 

"I don’t hold a grudge against him," she said. "As a Christian, I think the Bible says to forgive those who wrong you. And I forgive him."

"There's too many things that don’t make sense about Ximena’s arrest to just let it go," Dustin Baxter, Cristobal’s attorney, said. "If we come to understand that she was a victim of a false arrest, then that would qualify her for a U visa."

"She should never have been arrested. She should never have been taken to Stewart. She should never have been put in this situation," said attorney Dustin Baxter. "And because she was, we now have to figure out what happened, why it happened, and make sure it doesn’t happen to other people going forward."

Attorneys say the police officer who arrested Jimena allegedly fabricated details in his report to justify the stop, citing a license plate on a vehicle that was not hers and accusing her of an illegal turn she did not make.

Baxter and fellow immigration attorney Charles Kuck have filed an open records request with the City of Dalton as part of an ongoing investigation. They say the arrest may qualify Jimena and her family for a U visa, which is granted to victims of certain crimes who assist law enforcement.

Kuck compared Jimena’s case to that of Jessica Colotl, a Kennesaw State University student whose 2010 immigration detention also gained national attention. He accused U.S. immigration policy of pressuring non-criminal immigrants into self-deportation through jail conditions and legal hurdles.

"These jails are designed by every administration—not just the Trump administration—to force people to give up their rights and go home," Kuck said. "Why are we putting people like Jimena and Jose in our prisons?"

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 for-profit 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.

She spent nearly three weeks in ICE custody before an immigration judge granted her a $1,500 bond. She was released last Thursday and reunited with her family.

A day after her release, the officer that arrested her resigned from his position with the department. A letter reportedly posted on Facebook by Officer Leslie Allen O’Neal wife says that he resigned because of the police department's "inadequate response to and defense against public accusations of false arrest, which arose after a charge from a valid arrest was publicly dropped without explanation." 

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What's next:

Arias-Cristobal’s case has gained national attention and renewed debate over how the U.S. handles immigration cases involving individuals brought to the country as children.

While out on an immigration bond for now, her attorney, Dustin Baxter, says that she and her father still face the possibility of deportation.

Baxter said that it could be at least a year before the Dalton college student's next hearing due to court backlogs and is also working on her father's case.

"Her father may be eligible for cancellation of removal because he’s been in the U.S. for over a decade, has no criminal record, and meets other qualifications," Baxter said. "If he is granted legal status, she could potentially apply for a green card through him."

Jose is Jimena’s father. He also faces removal proceedings, though he may be eligible for relief due to his U.S. citizen children. Attorney Dustin Baxter is seeking records to prove Cristobal's arrest may have constituted false imprisonment.  If successful, Cristobal could be eligible for a U visa, which may take over a decade to process.

Arias-Cristobal hopes to continue to study finance at Dalton State College. She has spoken with the president of her college and expects to resume classes in the fall.

GeorgiaImmigrationNews