ICE detains boat captain in Statue of Liberty capsizing that killed mother, infant

NEW YORK -- The operator of a boat thatcapsized in the New York Harbor, killing a mother and her 5-month-old daughter, is now in ICE custody.

The Department Homeland Security said Manuel Hernandez, who is from El Salvador, entered the U.S. illegally through Texas in 2007 by lying to a border agent and falsely claiming he was an American citizen.

Hernandez-Umana is accused of recklessly conducting unlicensed boat tours in New York Harbor.

His boat capsized nearly two weeks ago, killing 27-year-old Sarah Sanchez and her 5-month-old daughter, Antonella Garcia.

Hernandez-Umana was federally charged and arraigned before being released on bond. ICE detained him Wednesday after determining he had been in the country illegally.

Authorities say Hernandez-Umana will remain in ICE custody pending his trial. After the criminal case concludes, he will serve any prison time if convicted and then be deported.

Hernandez-Umana was initially charged by New York officials with13 counts of reckless endangermentand was later federally charged with two counts of misconduct and neglect of a ship officer resulting in death.