Boat captain detained by ICE after New York Harbor capsize that killed mother, infant

The captain of a boat that capsized in New York Harbor, killing a mother and her five-month-old baby, has been detained by US Immigration and Customs Enforcement.

Manuel Ernesto Hernandez-Umana, 46, was arrested after the August 9 accident near the Statue of Liberty, according to the Department of Homeland Security.

Authorities allege he was operating the boat without proper licences and carrying more passengers than permitted.

The vessel was carrying 14 people when it capsized. Sara Sanchez, 27, and her five-month-old daughter, Antonella Garcia, were taken to hospital but later pronounced dead, police said.

Hernandez faces two federal counts of misconduct and neglect of a ship officer resulting in death, as well as 13 state counts of reckless endangerment, and has not entered a plea.

DHS said Hernandez, an El Salvador national, was detained after a Coast Guard investigation confirmed his “unlawful presence in the United States.”

Prosecutors allege Hernandez accelerated towards a swell while attempting to pass through it, causing water to swamp the boat's bow and overturn the vessel.

They said there were no infant life jackets on board.

Hernandez remains in ICE custody while awaiting trial and could face removal proceedings after his criminal case and any sentence are completed.