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Speedboat Driver in Fatal New York Harbor Capsizing Held on Immigration Charges

The unlicensed pilot in a fatal New York Harbor boat capsizing was arrested for being in the U.S. illegally; he faces criminal charges and deportation.

The man piloting a speedboat that capsized near the Statue of Liberty in August, killing a 5-month-old girl and her mother, has been taken into custody by U.S. immigration authorities. Officials say he was in the country illegally.

Manuel Ernesto Hernandez-Umana, 46, a citizen of El Salvador, was arrested after being released on bail in a related federal criminal case. The Department of Homeland Security said Monday that Hernandez-Umana lied to a border officer and falsely claimed U.S. citizenship when he entered the country through Texas in 2007.

He is now held at an Immigration and Customs Enforcement detention facility in Elizabeth, New Jersey. Homeland Security Secretary Markwayne Mullin said Hernandez-Umana will be deported after his criminal case concludes.

In the criminal case, Hernandez-Umana is charged with causing the deaths of Antonella Garcia, 5 months old, and Sara Sanchez, 27, through misconduct or neglect. Prosecutors say he was not licensed by the U.S. Coast Guard, did not know basic safety rules, and was operating a borrowed friend's boat that was illegally chartered and overcrowded.

The vessel, a 21-foot Yamaha AR210, carried 14 people — four more than its capacity — when it swamped and sank during a U-turn in choppy waters on Aug. 8. The tour had started around 7 p.m. and capsized more than three hours later. The infant was not wearing a life jacket because the boat had none for small children; prosecutors say Hernandez-Umana told Sanchez to wear a vest and hold the infant, violating federal rules.

The tour was arranged through Zeus Luxury Rental Inc., which advertises on social media. Hernandez-Umana told investigators he had worked for the company on a freelance basis since last year, starting as a limo driver. He said he usually used his own boat but borrowed a friend's on the day of the accident because his needed repairs.

Hernandez-Umana appeared in court on Aug. 10, still wearing the T-shirt, swim trunks, and water shoes from the voyage. He did not enter a plea and is due back in court on Sept. 9. His lawyer, Amy Gallicchio, declined to comment.