The man accused of operating an illegal charter boat that capsized in New York Harbor, killing a mother and her baby, has been arrested by U.S. Immigration and Customs Enforcement, officials said Thursday.
The Department of Homeland Security said an investigation found Manuel Hernandez, who is from El Salvador, has been living in the U.S. illegally.
“Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” DHS Secretary Markwayne Mullin said in a statement.
Hernandez, 46, was conducting a paid boat tour near Liberty Island on Aug. 8 when the vessel capsized, killing 27-year-old Sarah Sanchez and her 5-month-old daughter Antonella Garcia, authorities said.
Federal prosecutors said 14 people were on board the boat at the time — four more than its 10-person maximum.
The vessel had no infant life vests onboard, but Hernandez let the 5-month-old ride anyway, telling her parents one of them could wear their own life jacket and hold her, according to a federal complaint.
Hernandez was also operating the boat without the required U.S. Coast Guard certification and without a valid Coast Guard inspection certificate, according to prosecutors.
He was charged with two counts of misconduct and neglect of a ship officer resulting in death earlier this month.
NY1 has reached out to his attorney for comment.