Immigration officials said Heriberto Perez-Velasquez should have been in jail in October following a separate drunk driving incident. However, Wayne County prosecutors said they're already following the state's new bail reform law.

An undocumented immigrant who was living in Wayne County is facing new charges for a deadly crash. Immigration officials argue he should have been locked up — not on the road.

Heriberto Perez-Velasquez, 31, was arraigned in Weedsport Village Court Monday night on charges of aggravated vehicular homicide and aggravated driving while intoxicated.

Investigators said Perez-Velasquez crashed into 59-year-old Mark Knapp who was riding a tractor on Route 31 in Weedsport on Nov. 10. The severity of charges against Perez-Velasquez was raised Monday after tests showed he had a BAC of .217% — more than twice the legal limit.

Immigration officials said Perez-Velasquez should have been in jail in October following a separate drunk driving incident. However, Wayne County prosecutors said they're already following the state's new bail reform law.

District attorneys argue this is an example of what can happen when the law officially goes into effect on Jan. 1, 2020.

"Because, hopefully, he would've been held on bail and then the detainer from ICE would have been able to be filed, and that whole process would've started before this could've happened."

Perez-Velasquez is now being held on half a million dollars bail.