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 .

OVERCROWDED MIGRANT VESSEL WITH 240 PEOPLE ON BOARD INTERCEPTED NEAR TURKS AND CAICOS 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.

ICE ASKS NORTH CAROLINA TO HOLD ILLEGAL IMMIGRANT ACCUSED IN TODDLER’S BATHTUB DEATH 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.