By Edward Harris /
Posted at 1:34 PM
Updated at 7:44 PM

A Guatemalan man arrested Wednesday by Immigration and Customs Enforcement while working on a Rome farm had been living in the United States illegally and was charged Thursday with a felony immigration offense, the U.S. Attorney’s Office said.

The U.S. Attorney’s Office said Marcial DeLeon-Aguilar, 31, had his initial appearance Thursday in United States District Court in Syracuse. He was held without bail pending a Tuesday hearing.

He is charged with unlawfully re-entering the United States following previous removal. The charges carry a maximum sentence of 10 years in prison, a fine of up to $250,000 and possible deportation if found guilty, according to prosecutors.

A statement from ICE on Thursday also said that DeLeon-Aguilar was removed three times previously from the United States.

On Wednesday, John Collins said he was working on his Thomas Road farm with another worker at about 8 a.m. when he overheard people talking with DeLeon-Aguilar, a citizen of Guatemala, inside a nearby barn.

Collins said he went into the barn and found three men detaining DeLeon-Aguilar. The men did not have any official insignia on their clothes or markings on their cars that were parked across the street, he said.

The farmer asked what was going on and one of the men showed a badge and said they were taking Aguilar into custody. Collins said the men did not produce a warrant when asked for it.

According to the criminal complaint released by the U.S. Attorney’s Office, the ICE agents said they approached the milking parlor area (the barn) in an effort to locate an owner or manager of the farm. The complaint further stated that when entering the barn, the agents saw a man matching the description of DeLeon-Aguilar.

The agents said DeLeon-Aguilar tried to flee, but was captured and admitted that he was in the country illegally.

ICE officials could not be reached for comment Wednesday, but issued a statement about the arrest Thursday.

“ICE previously removed DeLeon-Aguilar from the U.S. on three occasions, most recently in January 2014,” officials said via email. “He has criminal convictions for reckless aggravated assault and illegal re-entry and is currently in ICE custody.”

DeLeon-Aguilar was removed from the country in February 2008, in June 2011 and January 2014, according to the criminal complaint.

In respect to the warrant issue, the ICE statement did not specify whether the agents displayed a warrant prior to the arrest.

“With respect to judicial warrants, federal immigration law clearly provides for the arrest of removable aliens based on administrative arrest warrants issued by authorized immigration officers,” the statement reads. “Federal regulations specify which immigration officers have this authority.”

The statement also said “aliens who illegally re-enter the country after removal can face federal felony charges punishable by up to 20 years in prison, if convicted.”

Collins said that Aguilar had worked for him for nine months and had all the proper required paperwork. Aguilar lived in a home on Collin’s property with his four children — who were present during the raid — and his wife, Virginia.

Collins said Aguilar’s wife previously was detained when she and the children entered the country illegally. He said she was given an ankle bracelet and was allowed to come to the farm because of the children.

His wife was seeing a doctor as she is expecting the couple’s fifth child, Collins said, and was therefore not present during Wednesday’s detainment.

http://www.uticaod.com/news/20180419...mes-previously