ICE takes custody of Dunwoody High junior after traffic stop

ATLANTA, Ga. (Atlanta News First) — Dunwoody High School junior Axel Gerardo Archaga Rios is in Immigration and Customs Enforcement (ICE) custody after he was arrested March 27 by Dunwoody police for failing to stop at a stop sign and driving without a license.

Rios, 17, has few options to avoid deportation because he has a final order of removal that was issued in 2015.

His attorney, Alexandros Cornejo, said Rios came to the country when he was 5 years old and that he missed important court dates because his mother had to leave her partner because of domestic violence. He has no ability to appeal. Cornejo called it “a very difficult case.”

“There is no remedy,” he said. “There’s no relief for him. It’s over, which means that he’s not going to be able to go before the judge. His only recourse is to ask ICE, ‘Please, allow me to stay here with my mom.’ That’s it.”

Rios is being held at the Folkston ICE Processing Center near Brunswick, five hours southwest of Dunwoody.

Local officials involved in the case said they were following the law.

According to DeKalb County arrest records, Dunwoody police arrested Rios during a traffic stop.

The City of Dunwoody said its role in the case was limited to Rios’ arrest and transportation to the county jail.

“He was taken to the DeKalb County Jail for processing,” a city spokesperson said. “That was the end of the Dunwoody Police Department’s interaction with him.”

At the DeKalb County Jail, Rios was processed under the 287(g) program.

The program is federally enforced and is designed to identify and process undocumented immigrants with criminal or pending criminal charges, who are arrested by state or local law enforcement agencies.

Rios posted bond March 29 and was released at 6:19 p.m. from the DeKalb County Sheriff’s Office. A spokesperson for the sheriff’s office said they are no longer involved with the case, and said Rios was released into ICE custody on an “immigration detainer notice” after being bonded out.

“The DeKalb County Sheriff’s Office complies with procedures set forth in H.B. 1105 regarding individuals who are arrested by local law enforcement agencies and subsequently released to the custody of the United States Immigration and Customs Enforcement Division of the Department of Homeland Security (ICE),” a spokesperson for the Sheriff’s Office said.

According to Cornejo, Rios and his mother sought asylum due to her domestic violence situation with her partner and had to leave quickly, causing her to miss important legal notices.

Rios’ arrest was first reported by Telemundo Atlanta, and the news spread across social media last week.

The case comes as local officials struggle to address community concerns about increased ICE activity without provoking the ire of the Trump administration.

In February, the DeKalb County School District passed a resolution reaffirming that every child, regardless of immigration status, national origin, or the status of their parents or caregivers, has full access to the county’s educational environment.

Meanwhile, the DeKalb County Commission failed to make a similar affirmation after withdrawing a resolution to condemn ICE raids.

Cornejo said his mother described him as a “charismatic and happy-go-lucky” kid who made the mistake of driving without a license. He said the case is difficult, but he hopes that taking it will educate the community about the process. He promised Rios’ mom he would do everything he could to keep her son from being deported.

“I told her, ‘Listen, I know that lawyers don’t want to touch this case with a 10-foot pole, but the other option is for you to just abandon your son, and he’ll be taken from one facility to another for six months, and then he’ll be removed,’” Cornejo said. “At least we can fight, so we’re going to do our best knowing that it’s going to be difficult.”

This article was distributed through Appen Media, the owner of Decaturish, a news partner of Atlanta News First.