US police officer resigns after wrongfully arresting undocumented teen
The officer, Leslie O'Neal, was employed at the police department in Dalton, a small city more than an hour north of Atlanta.
His arrest of college student Ximena Arias-Cristobal not only led to a domino effect that could lead to her deportation – it also engendered anger and criticism, especially given the circumstances of her immigration-related detention.
Though Dalton's municipal government did not provide any information about why O'Neal resigned, his wife posted his resignation letter on Facebook, which said he believed the local police department did not adequately defend him.
Related: US citizen detained by immigration officials who dismissed his Real ID as fake
'The department's silence in the face of widespread defamation has not only made my position personally untenable but has also created an environment where I can no longer effectively carry out my duties within the city of Dalton without fear of further backlash from the community,' O'Neal wrote in the letter.
On 5 May, O'Neal pulled Arias-Cristobal over in Dalton. The officer accused her of improperly making a false turn – but those charges were later dropped after the police force admitted to mistaking her car for another.
The damage, though, was done by the time Arias-Cristobal's charges were dismissed. The 19-year-old – who is undocumented and was driving with a Mexican license – was brought to the US from Mexico in 2007, when she was just four.
The timing of her having been taken to the US barely missed the deadline for her to qualify for the Deferred Action for Childhood Arrivals (Daca), a program initiated during Barack Obama's presidency that provided children in her situation some protections from deportation.
After O'Neal arrested her, local authorities contacted Immigration and Customs Enforcement (Ice), the federal agency that detains and deports immigrants. Ice agents then transferred her to an immigration jail in the state.
'I cannot go to jail,' Arias-Cristobal said during the arrest, according to dash-cam footage. 'I have my finals next week. My family depends on this.'
Arias-Cristobal's plight captured national attention, with many supporting her and calling for her release. Others – including the far-right Georgia congresswoman Marjorie Taylor Greene – agitated for Arias-Cristobal to be deported.
'In Mexico, today, there's over 1.6 million United States of America citizens, living and thriving in Mexico, and I'm sure she and her family will be able to do the same,' Greene said during an interview with Tennessee's Local 3 News. 'But it's important for our nation, for our sovereignty, for us to uphold the law. And this is what we have to do.'
The White House's attempts to engage in 'mass deportations' during Donald Trump's second presidency has led to an increase in arrests throughout the country. Immigration enforcement operations have been aided by local jurisdictions that partner with Ice, under what are known as 287(g) contracts. These contracts deputize local officials to carry out immigration enforcement arrests, collaborating closely with Ice.
The Whitfield county sheriff's office, which runs the local jail for people arrested in Dalton, has a 287(g) contract with Ice.
Additionally, a law signed last year by Georgia's governor, Brian Kemp, requires local law enforcement, in the entire state, to apply to enter into 287(g) contracts with Ice. Immigration advocacy organizations have called that law 'disastrous'.
The Georgia Latino Alliance for Human Rights, for instance, said it would lead to 'racial profiling, terrorize immigrant communities and waste local resources'.
Related: Disabled people detained by Ice sound alarm over overcrowded jails
Arias-Cristobal's father, José Arias-Tovar, had also been detained by Ice weeks earlier after another traffic stop for speeding. He bonded out of Ice detention on 16 May. Five days later, Arias-Cristobal paid a $1,500 bond, leading to her release. She was home with her family by Thursday evening.
'We're going to keep working on her case to try to keep her here permanently,' Arias-Cristobal's attorney, Dustin Baxter, told local TV station WSB-TV.
Arias-Cristobal's arrest has prompted some to rally for her release, whether in person or online. Her advocates have criticized Ice and the local police department for how they have handled her case.
A GoFundMe campaign launched for her legal defense has raised more than $90,000.
The jail where Arias-Cristobal was detained before she bonded out is known as the Stewart detention center. It is a run privately in Lumpkin, Georgia, by CoreCivic under a contract with Ice and for years has been accused of violating rights and maintaining horrific conditions.
• This article was amended on 25 May 2025 to include reference to officer O'Neal's resignation letter.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Intercept
28 minutes ago
- The Intercept
Teen Immigrant's Release Propels Lawsuit to End ICE's Courthouse Arrests
In a rare win against U.S. Immigration and Customs Enforcement last month, a judge ordered that a detained 19-year-old asylum-seeker be released back to his family. Oliver Mata Velasquez's arrest outside a Buffalo, New York, court hearing on his asylum process was unlawful, U.S. District Judge Lawrence Vilardo wrote. 'Mata Velasquez followed all the rules,' Vilardo wrote, 'On the other hand, the government changed the rules by fiat, applied them retroactively, and pulled the rug out from under Mata Velasquez and many like him who tried to do things the right way.' In the weeks since, lawyers for Mata Velasquez said Vilardo's order could influence similar cases and, they hope, lead to ICE releasing others arrested in immigration court. Now, the New York Civil Liberties Union and other organizations have sued the Trump administration, seeking to end the practice of courthouse arrests nationwide. 'The court was rightfully outraged at the detention to begin with.' Mata Velasquez was one of hundreds of people taken by ICE during its new practice of stationing agents outside of immigration courts around the country to make arrests when people show up for routine hearings. While judges have released several people arrested in the stakeouts on bond, few have ordered their outright release. That's what makes Mata Velasquez's case so unique, said attorney Amy Belsher, who worked on the case and is the director of Immigrants' Rights Litigation at the New York Civil Liberties Union. 'Outright release is really rare in an immigration case,' she said. 'The court was rightfully outraged at the detention to begin with.' The order could open the door for other defendants to find similar relief, said Sarah Gillman, director of strategic U.S. litigation with Robert F. Kennedy Human Rights and one of Mata Velasquez's attorneys. 'We hope the decision sends a strong message about the actions of the government here,' she said. 'I think that this ruling could definitely have an impact on these cases.' 'What's going on with this administration is that they are testing the limits of everything,' Gillman added. 'I think in Oliver's case, the court sent a resounding message back, saying, 'No.' ' The NYCLU, representing New York City-based immigrant advocacy organizations African Communities Together and The Door, is now asking a federal judge to overturn the Trump administration policies allowing for arrests in immigration court. They cite the cases of 10 people they allege were detained after showing up for otherwise routine immigration hearings. 'These policies are unlawful,' the lawsuit, filed in the Southern District of New York, argues. 'Such arrests chill access to the courts and impede the fair administration of justice.' The parties are due for an initial hearing on October 10. (The Department of Homeland Security did not respond to a request for comment.) In the lawsuit, the NYCLU attorneys argue the Trump administration changed two key policies that have laid the groundwork for the arrests in immigration court. First, they say, ICE and U.S. Customs and Border Protection rescinded a Biden-era policy that formalized a long-standing practice, banning so-called courthouse arrests. Second, the attorneys argue, the Executive Office for Immigration Review issued a new policy that empowered immigration judges to dismiss a broader category of cases than before. Those two changes, the lawsuit alleges, have put in place a new practice where the government's immigration lawyers move to dismiss cases verbally, a judge grants the dismissal, and then a migrant is detained shortly thereafter while still in the court building. 'ICE officers — in coordination with DHS attorneys — station themselves in immigration court, including in the hallways or even in courtrooms, so that they can immediately arrest and detain individuals upon conclusion of their court hearings,' the lawsuit says. That's exactly what happened to Mata Velasquez. On the morning of May 21, Mata Velasquez showed up for a routine immigration hearing in downtown Buffalo. The courthouse, located at 130 Delaware Avenue, is in a nondescript office building located near Niagara Square and Buffalo City Hall. Born in Venezuela, Mata Velasquez arrived in the U.S. in September 2024 after waiting for an appointment via the CBPOne application, a process put in place by the Biden administration. Once in Buffalo, he lived with an uncle and, like other migrants in the city, found work in a local hotel as a housekeeper. Following his court hearing, his lawyers later said, he took the elevator down from the third floor. Waiting for him in the small lobby were four ICE agents. Mata Velasquez speaks only Spanish, but the agents had paperwork in English and demanded that he sign it, according to both Mata Velasquez's lawyers and his uncle. His uncle described them as wearing civilian clothes, not ICE uniforms. Mata Velasquez was then detained and sent to the ICE detention center located in Batavia, about 40 miles east of the courthouse. 'He was really scared when they pressured him to sign this form,' his uncle, who requested anonymity for fear of being targeted by ICE, said in an interview. 'My nephew is a good person. He doesn't have a criminal record or any tattoos. He's a good person, he's a kid.' Mata Velasquez's lawyers, in their successful petition to have him released, said he was afraid while in the Batavia facility and routinely harassed by others. 'Oliver is terrified and experiencing the harms of being in a carceral setting for the first time,' that petition said. 'He has experienced harassment from at least 10 other detainees, many of whom are much older than him. Officers threatened to place him in solitary confinement and Oliver is very scared of being put in such isolating conditions.' Solitary confinement is a standard practice at the Batavia facility, which uses the isolated cells more than all but four other ICE facilities in the country. Prior reporting by The Intercept and its partners found that solitary confinement is a frequent tool used by ICE, and occasionally results in detainees taking their own lives. Mata Velasquez ultimately spent 26 days in the Batavia facility before Vilardo, the federal judge in Buffalo, ordered him released. 'Rarely do we ever get somebody's outright relief granted,' said Jillian Nowak, managing attorney at Prisoners' Legal Services of New York. 'And I'm hoping we can use this as a foundational decision to pump the brakes on some of these detentions.' Read Our Complete Coverage Facing an uphill battle in getting all courthouse arrestees released, the legal advocacy organizations are shifting their strategy to challenge as a system what they argue are unlawful policies. Belsher, of the NYCLU, said doing so is necessary to combat the Trump administration's crackdown on migrants. 'This is a broader strategy of the government's, right? Just flood the system,' Belsher said. 'They are causing enormous harm by just doing unlawful things at scale.' Every individual case requires intensive resources. 'They are doing this to hundreds of people,' she said, 'and thousands of people are terrified to go to their hearings because of it.' The lawsuit argues that allowing the courthouse arrests to continue will only enable ICE to detain more people, putting more strain on detention centers that are already at or over capacity. Through June, data shows that ICE has doubled arrests compared to 2024. The majority of those arrested have no criminal record, despite the rhetoric published by ICE and the White House. 'Due to the increase in arrests and related overcrowding at many of its detention facilities, ICE has been detaining noncitizens swept up in immigration courthouse arrests in transitional holding facilities for prolonged periods — in some cases over a week — where they lack access to counsel and are in conditions wholly inadequate to safely and humanely detain people,' the suit alleges. In Western New York, CBP offices at the Peace and Rainbow bridges as well as other CBP stations have been used to detain migrant families including toddlers and those with life-threatening diseases. Statewide, four county sheriffs have newly agreed to allow ICE to detain migrants in their jails. In New York City, arrests and detentions in the federal building at 26 Federal Plaza have raised alarm among immigration advocates. Gillman, one of Mata Velasquez's lawyers, said she hopes the Vilardo ruling and subsequent NYCLU lawsuit shifts the tide. 'As the judge wrote in his decision, the government … can't just kind of change the goalpost and say, 'Now we're just going to go out and arrest people without any type of process, without any type of due process,'' she said. 'As a lawyer, the legal decision that the judge made is very, in my mind, impactful.'


Washington Post
30 minutes ago
- Washington Post
In confrontation, Md. lawmakers urge ICE field director to ‘be humane'
Maryland politicians and advocates publicly confronted the interim director of Immigration and Custom Enforcement's Baltimore field office last week at the state's premier gathering for policymakers, questioning her agents' tactics for targeting and detaining immigrants and imploring her to resist what they called the harsher edicts of the Trump administration's enforcement crackdown.


CNN
an hour ago
- CNN
Maine police officer arrested by ICE agrees to voluntarily leave the country
Federal agenciesFacebookTweetLink Follow A Maine police officer arrested by immigration authorities has agreed to voluntarily leave the country, U.S. Immigration and Customs Enforcement said Monday. ICE arrested Old Orchard Beach Police Department reserve Officer Jon Luke Evans, of Jamaica, on July 25, as part of the agency's effort to step up immigration enforcement. Officials with the town and police department have said federal authorities previously told them Evans was legally authorized to work in the U.S. An ICE representative reached by telephone told The Associated Press on Monday that a judge has granted voluntary departure for Evans and that he could leave as soon as that day. The representative did not provide other details about Evans' case. Evans' arrest touched off a dispute between Old Orchard Beach officials and ICE. Police Chief Elise Chard has said the department was notified by federal officials that Evans was legally permitted to work in the country, and that the town submitted information via the Department of Homeland Security's E-Verify program prior to Evans' employment. Assistant Secretary of Homeland Security Tricia McLaughlin then accused the town of 'reckless reliance' on the department's E-Verify program. E-Verify is an online system that allows employers to check if potential employees can work legally in the U.S. The town is aware of reports that Evans plans to leave the country voluntarily, Chard said Monday. 'The town reiterates its ongoing commitment to meeting all state and federal laws regarding employment,' Chard said in a statement. 'We will continue to rely on the I-9 Employment Eligibility Verification form and the E-Verify database to confirm employment eligibility.' ICE's detainee lookup website said Monday that Evans was being held at the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island. However, a representative for Wyatt said Evans had been transferred to an ICE facility in Burlington, Massachusetts. ICE officials did not respond to requests for comment on the discrepancy. It was unclear if Evans was represented by an attorney, and a message left for him at the detention facility was not returned. ICE officials said in July that Evans overstayed his visa and unlawfully attempted to purchase a firearm. WMTW-TV reported Monday that Evans' agreement to a voluntary departure means he will be allowed to leave the U.S. at his own expense to avoid being deported.