Georgia College Student Wrongfully Detained During Traffic Stop is Granted Bond But Still Faces Deportation

Ximena Arias-Cristobal, a 19-year-old college student in Georgia who was mistakenly detained by immigration authorities and then taken to a federal detention center, was granted bond nearly three weeks after her arrest.

Arias-Cristobal was pulled over on May 5 after allegedly running a red light in Dalton. However, a review of police dashcam footage revealed that she had not been driving the vehicle involved in the traffic violation. Instead, the officer had stopped the wrong truck.

On May 12, Dalton Assistant Police Chief Chris Crosser described the stop as a "regrettable" error and confirmed that all charges against Arias-Cristobal had been dropped. However, she remained in the custody of U.S. Immigration and Customs Enforcement (ICE) authorities and is slated for deportation.

An immigration judge granted her a $1,500 bond on Wednesday, attorney Dustin Baxter said. The government did not appeal the ruling.

"The judge reviewed Ximena's case in detail and determined she is not a flight risk or a danger to the community," Baxter said in a statement. "The family will pay the bond as soon as possible," expecting Arias-Cristobal to be reunited with her family on Thursday.

Although her release is expected, Arias-Cristobal still faces deportation proceedings. ICE has initiated removal proceedings in immigration court, according to NBC News.

A student at Dalton State College, Arias-Cristobal has lived in Georgia since she was 4, after moving from Mexico City with her family.

Her mother has said the family entered the United States without legal documentation and that her daughter has no criminal record. She also noted that Arias-Cristobal was not eligible for the Deferred Action for Childhood Arrivals program, or DACA, because new applications are not being accepted.

DACA protects certain undocumented immigrants brought to the U.S. as children—often referred to as "Dreamers"—from deportation.

Arias-Cristobal had been held at the Stewart Detention Center in western Georgia — the same facility where her father, José Francisco Arias-Tovar, who was also detained after being stopped for allegedly driving 19 miles per hour over the speed limit back in April.

In earlier statements, the U.S. Department of Homeland Security said both individuals, who are Mexican nationals, should face consequences for being in the country without legal status.

"Both father and daughter were in this country illegally," DHS Assistant Secretary Tricia McLaughlin said in a statement.

"The United States is offering individuals like this father and daughter $1,000 each and a free flight to self-deport. We encourage every person here illegally to take advantage of this offer and reserve the opportunity to return to the U.S. through legal means. If not, they will be arrested and deported without a chance to return."

Arias-Tovar was released on bond last week and told NBC News that leaving detention while his daughter remained behind was "the most difficult situation of my life."

"I know a lot of people think bad things about us because we broke some immigration laws. I understand that. But when we come here, we fall in love. We love this country," he said. "We are ready to build America together. We're just looking for one chance to stay here with my family, because we are good workers. We are not criminals."