Illegal immigrant accused of operating overcrowded boat that capsized near Liberty Island arrested by ICE

The man accused of operating an overcrowded, unlicensed boat tour that capsized near Liberty Island, killing a mother and her infant daughter earlier this month, was living in the U.S. illegally and is now in ICE custody, according to the Department of Homeland Security.

Manuel Hernandez, 46, an El Salvador national, was taken into immigration custody after a U.S. Coast Guard Investigative Service investigation confirmed he was unlawfully present in the country, according to DHS.

Hernandez was initially charged by New York authorities with 13 counts of reckless endangerment and was later federally charged with two counts of misconduct and neglect of a ship officer resulting in death in connection with the Aug. 8 capsizing in New York Harbor.

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Federal prosecutors allege Hernandez was operating unlicensed boat tours and ignored multiple safety requirements before the fatal excursion, which killed a 5-month-old girl and her 27-year-old mother.

DHS said Hernandez claims he illegally entered the United States through Texas in 2007. He allegedly lied to a U.S. Customs and Border Protection (CBP) officer and falsely claimed to be a U.S. citizen to enter the country, according to the agency.

Federal prosecutors said Hernandez was not licensed to carry paying passengers but had 14 people aboard the Yamaha AR210 he was piloting, despite the vessel having a maximum capacity of 10. He also allegedly took the 5-month-old infant aboard without an appropriate life vest.

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According to the federal complaint, Hernandez told investigators he did not know that a Merchant Mariner Credential or Coast Guard Certificate of Inspection was required. He also allegedly said the borrowed vessel did not have a capacity placard and that he did not know its maximum capacity.

"This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby," DHS Secretary Markwayne Mullin said in a statement.

Mullin said Hernandez would be removed from the country after facing the criminal case against him.

"Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country," Mullin said.

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According to the federal complaint, Hernandez allegedly told investigators after his arrest that he had previously piloted at least two other paid boat tours for the same company using his own vessel.

He allegedly acknowledged that he did not have the required Merchant Mariner Credential or Coast Guard Certificate of Inspection and said he was paid approximately $1,000 for each trip.

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Before the fatal excursion began, Hernandez allegedly asked the baby's parents whether they had an infant-sized flotation device. When they said they did not, Hernandez told them the boat did not have one either, according to the complaint.

Prosecutors said Hernandez nevertheless instructed one of the parents to wear a life vest and hold the baby during the tour.

"The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a 5-month-old infant passenger, with no infant life vests onboard," U.S. Attorney Jamie McDonald said in a statement.

The vessel later capsized near Liberty Island, throwing all 14 people into New York Harbor. According to the complaint, Hernandez told investigators that he made a U-turn into a swell, possibly caused by the wake of a larger vessel, and tried to accelerate through it before water came over the bow. Eleven passengers and Hernandez survived, while the mother and infant were recovered unresponsive and later pronounced dead at a Brooklyn hospital.

Each of the two federal charges carries a maximum sentence of 10 years in prison.

Fox News Digital's Stepheny Price contributed to this report.