The operator of the speedboat that capsized during a tour of the Statue of Liberty, resulting in the drowning of a mother and her infant, has been arrested by immigration authorities who allege he was in the country illegally.

The pilot of a speedboat that capsized during a tour around the Statue of Liberty, drowning an infant and her mother, has been arrested by U.S. immigration authorities who say he was in the country illegally.

Manuel Ernesto Hernandez-Umana, who has a pending federal criminal case in connection with the Aug. 8 crash, falsely claimed to be a U.S. citizen to a border officer when he entered the country via Texas in 2007, the Department of Homeland Security said on Wednesday.

According to online records, the 46-year-old citizen of El Salvador is currently being held at a U.S. Immigration and Customs Enforcement detention facility in Elizabeth, New Jersey. Homeland Security Secretary Markwayne Mullin said he will eventually face deportation.

ICE arrested him after he was released on bail in his criminal case, where he is charged with causing the deaths of 5-month old Antonella Garcia and 27-year-old Sara Sanchez through misconduct or neglect.

Authorities attributed the disaster to an overcrowded boat, improper decision-making by Hernandez, a lack of required commercial licenses, and the failure to secure a life jacket on the infant. Twelve other individuals were rescued and remain in stable condition.

“Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin said in a statement.

A message seeking comment was left for a lawyer representing Hernandez-Umana in his criminal case, Amy Gallicchio.

Hernandez, who had been living in Manville, New Jersey, was not required to enter a plea at his initial court appearance in the criminal case on Aug. 10. He wiped his eyes as he arrived at the courtroom, still wearing the T-shirt, swim trunks and water shoes he’d had on during the voyage. He is due back in court on Sept. 9.

The evening charter began at 7 p.m. Saturday and was more than three hours underway when Hernandez steered the boat toward the Statue of Liberty and executed a U-turn into a swell, likely created by the wake of a larger passing vessel, according to court documents.

Hernandez knowingly operated the boat with an infant aboard despite being aware that no infant- or child-sized life jackets were present, according to officials.

In an attempt to maneuver past the swell, Hernandez accelerated, causing water to swamp the bow and immediately capsize the vessel, prosecutors wrote.

Hernandez informed investigators that he had worked for the charter firm on a freelance or contract basis since last year, starting out as a limousine driver.

He acknowledged using his personal boat, a slightly larger Yamaha AR250, twice recently for tours organized through Zeus Luxury Rentals Inc., according to the filing.

Police Commissioner Jessica S. Tisch said the "tragedy could have been prevented, and now a family is left to grieve the unimaginable loss of a mother and her 5-month-old daughter because of his negligence."