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Opinion: Dalton teen’s arrest underscores urgent need for immigration law reforms

Miguel Martinez/Atlanta Journal-Constitution via AP / The family of Ximena Arias-Cristobal celebrates on May 22 after learning the 19-year-old will be leaving the Stewart Immigration Detention Center to return home after being granted bond on her immigration case.
Miguel Martinez/Atlanta Journal-Constitution via AP / The family of Ximena Arias-Cristobal celebrates on May 22 after learning the 19-year-old will be leaving the Stewart Immigration Detention Center to return home after being granted bond on her immigration case. Miguel Martinez/Atlanta Journal-Constitution via AP / The family of Ximena Arias-Cristobal celebrates on May 22 after learning the 19-year-old will be leaving the Stewart Immigration Detention Center to return home after being granted bond on her immigration case.

If ever a situation cried out for reform in United States immigration laws, it is the one involving the recent arrest of a 19-year-old Dalton woman.

Ximena Arias-Cristobal is an illegal immigrant whose parents brought her into the country when she was 4 years old. She was arrested by Dalton police on May 5 for driving without a license, but police later said they pulled over the wrong vehicle – believing her dark gray truck was a black truck that had made an illegal turn – and subsequently dropped the charges.

In the meantime, being illegal, she was taken into custody by Immigration and Customs Enforcement (ICE), and the Department of Homeland Security said it was committed to ordering her to “self-deport” to Mexico since she did not have legal status and no pending application with the U.S. Citizenship and Immigration Services (USCIS). However, she was released on $1,500 bond last week.

But here’s the kicker: Arias-Cristobal’s attorneys now say she is on the path to citizenship because she is in the process of getting a U Visa. A U Visa could provide her with temporary immigration status, including work authorization; temporary immigration status for qualifying family members of the victim; and the possibility of lawful permanent status.

U Visas may be granted by the USCIS if the person is a victim of a qualifying crime or criminal activity; has information about a crime or criminal activity; and is, was, or is likely to be helpful in the detection or investigation of the qualifying crime or criminal activity, or the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.