Attorney: Father of Dalton teen detained by ICE granted bond

ATLANTA, Ga. (WRDW/WAGT) - The father of a Dalton teen who was wrongfully arrested during a traffic stop and later placed in U.S. Immigration and Customs Enforcement (ICE) custody has been granted bond, according to family who spoke to Atlanta News First.

Jose Arias-Tovar was arrested for allegedly “speeding and driving without a license.” The 43-year-old father told authorities that he was in the country illegally, according to Homeland Security.

His daughter, Ximena Arias-Cristobal, was later arrested during a separate traffic stop and also taken into ICE custody.

Both Arias-Cristobal and Arias-Tovar are being held at the Stewart Detention facility in Lumpkin.

Arias-Tovar’s attorney told Atlanta News First that once the bond is paid, he will be released from custody.

Dalton police have itted they pulled over the wrong car in Arias-Cristobal’s arrest.

City officials said police dashcam video of the incident showed that “Arias-Cristobal’s vehicle appeared similar to the offending vehicle but was not the vehicle that made an improper turn.”

The charges against Arias-Cristobal were dropped, but she was placed in ICE detention because she’s in the U.S. without authorization, according to officials.

On Wednesday, a group protested in of Arias-Cristobal’s release. Cheryl Phipps, with the Whitfield County Democratic Committee, said she is hopeful the teen will be granted bond like her father.

“It does give me optimism that there at least will be due process in this situation and that they will not be held in detention,” Phipps said.

Though undocumented, Arias-Cristobal has been in the U.S. since she was 4 years old. Her family said the Deferred Action for Childhood Arrivals (DACA) program stopped accepting new applications before she was eligible.

A bond hearing for the Dalton college student has been set for Tuesday, May 20.

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