Manuel Ernesto Hernandez-Umana leaves federal court in Manhattan on Aug. 10 with...

Manuel Ernesto Hernandez-Umana leaves federal court in Manhattan on Aug. 10 with his lawyer, Amy Gallicchio. Credit: Ed Quinn

The operator of an unlicensed tour boat that capsized in New York Harbor earlier this month, killing a 27-year-old woman and her 5-month-old daughter, has been taken into custody by ICE agents.

Manuel Ernesto Hernandez-Umana was charged by federal authorities with entering the country illegally from El Salvador in 2007.

He was arrested this week after a federal investigation, according to the Department of Homeland Security. 

The Coast Guard Investigative Service confirmed Hernandez-Umana’s unlawful presence in the United States. The statement contained no other details, including where Hernandez-Umana was being held.

Hernandez-Umana, 46, of Manville, New Jersey, had been charged with two counts of misconduct and neglect of a ship officer resulting in death in criminal proceedings being prosecuted by the U.S. Attorney's Office for the Southern District of New York.

Hernandez-Umana's attorney, Amy Gallicchio of Federal Defenders of New York, declined to comment.

The DHS said Hernandez-Umana illegally entered the country through Texas almost 20 years ago, "lying" to a U.S. Customs and Border Protection officer "and falsely claiming to be a U.S. citizen so that he could enter the country."

Authorities said Hernandez-Umana was operating a 22-foot bowrider with more than a dozen people on board when the boat overturned in New York Harbor on Aug. 8 at about 10:30 p.m.

NYPD harbor unit, aviation and scuba team officers, with assistance from the FDNY and U.S. Coast Guard, pulled 12 people from the water with minor injuries. They were transported to hospitals in stable condition, authorities said.

But two other passengers — Sara Sanchez, of College Point, and her baby, Antonella Garcia — were taken from the water in critical condition. Both were pronounced dead after being transported to NYU Langone Hospital-Brooklyn, police said.

The NYPD initially arrested Hernandez-Umana at the scene, charging him with 13 counts of reckless endangerment.

It was unclear Thursday afternoon whether Hernandez-Umana was being held or had been released on bail conditions. 

DHS Secretary Markwayne Mullin, in a statement, said Hernandez-Umana was "illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized. ... Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country."

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