GA Student Remains In ICE Custody After Being Cleared Of Wrongdoing

DALTON, GA — A Georgia student and Mexican national remains in the custody of federal immigration officials after police on Monday said her arrest during a traffic stop was a mistake.

Dalton Police on May 5 arrested Ximena Arias-Cristobal, a 19-year-old Dalton State College student, on charges of making an improper turn and driving without a valid driver's license.

However, police said a mixup of vehicles and details seen on dash camera footage made her arrest accidental.

Be that as it may, ABC News reported Arias-Cristobal remains in the custody of Immigration and Customs Enforcement at Stewart Detention Center in Lumpkin.

Her father, Jose Arias-Tovar, is also being held at Stewart after being arrested during a past Tunnel Hill traffic stop, ABC News reported.

After Arias-Cristobal's family unlawfully arrived at the border in 2010, when she was age 4, 11Alive reported she did not meet the requirements for Deferred Action for Childhood Arrivals, which has since ended. Eligibility for the program would have delayed any deportation.

Protesters in metro Atlanta have called for the release of Arias-Cristobal, and her detainment has garnered national attention, 11Alive reported, which secured the dash camera footage in the case.

What Happened?

Police said video footage showed a black pickup truck heading westbound on Walnut Avenue in the right-hand turning lane.

After the truck was out of the camera's view, an officer saw it make an illegal right turn north toward Thornton Avenue, police said.

The officer then tried to pull out to stop the truck, but police said the officer had to wait behind another car at a red light.

By this time, police said Arias-Cristobal's dark gray Dodge truck was among a line of cars that drove eastbound on Walnut and made a left turn toward Thornton.

Once traffic cleared, police said the officer turned onto Thornton through a green light and searched for the truck that made the illegal turn.

Police said the officer went north and stopped Arias-Cristobal near Crawford Street.

"After a review of the dash cam video of the traffic stop, it was determined that Ms. Arias-Cristobal’s vehicle appeared similar to the offending vehicle but was not the vehicle that made an improper turn," police said in a news release.

Assistant Police Chief Chris Crossen notified the city administrator of the dropped charges, and the prosecuting attorney agreed with dismissing them, police said. Arias-Cristobal's attorneys were also informed, police said.

Attorney Charles Kuck, representing Arias-Cristobal, told ABC News that she is "inside the Trump deportation machinery" and is facing deportation despite the dismissed charges.

Crossen told 11Alive the police department is in a "regrettable place." He added Dalton Police did not report her to immigration officials.

A bond hearing for Arias-Cristobal is scheduled for next week, ABC News reported.