Bond hearing postponed for Georgia college student facing deportation

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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)

DALTON, Ga. - A Georgia college student facing deportation after a traffic stop was supposed to be in court today for a bond hearing.

However, it is being reported that the hearing was canceled because of a technical issue, and it has been rescheduled to 1 p.m. Wednesday. 

Attorney Dustin Baxter sent the following statement to FOX 5 Atlanta:

Today’s hearing was postponed due to technical issues. Apparently AT&T suffered a system outage in Lumpkin, Georgia. That made it impossible for Ximena and the government attorney to appear before the judge. AT&T was unable to diagnose the issue or give a timeline for repair so the judge was forced to cancel today’s hearing. The hearing has been reset for tomorrow at 1:00. We are sad that Ximena must spend another day at Stewart, but we remain focused on getting her a bond so that she can be reunited with her family.

Ximena Arias-Cristobal's case has drawn national attention and has led to multiple protests in the community as advocates push for her release. 

What we know:

Arias-Cristobal, a 19-year-old Mexican national, was arrested by police in Dalton, Georgia, on May 5 after illegally turning right on red and driving without a license, according to an arrest report obtained by WTVC in Chattanooga. 

At the time, the Dalton State College student was taken to the Whitfield County Jail before being transferred to the Stewart Detention Center – a U.S. Immigration and Customs Enforcement facility – in Southwest Georgia.

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.

Last week, the City of Dalton confirmed that all charges were dropped against Arias-Cristobal, saying that she had been mistakenly identified and did not make the illegal right turn that led to her arrest.

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.

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 raised nearly $90,000. 

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.

Ximena Arias-Cristobal, a 19-year-old Mexican national, is in an ICE detention facility in Georgia after she was arrested during a traffic stop for illegally turning right on red and driving without a license. (Courtesy of GoFundMe)

She said that she hopes to have a celebration when Arias-Cristobal "returns home."

She's still in ICE detention, but her charges were dropped

A Dalton State student pulled over for a traffic violation winds up in ICE custody. The charges against her have been dropped. Why that doesn't mean she's necessarily free.

Attorney Dustin Baxter, who is representing Arias-Cristobal, called her case "devastating."

"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," he told FOX 5 last week.

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. Her attorney says they will "fight for her release" on an immigration bond.