The man accused of operating an overcrowded, unlicensed boat tour that capsized near Liberty Island, killing a mother and her infant daughter earlier this month, was living in the U.S. illegally and is now in ICE custody, according to the Department of Homeland Security.

Manuel Hernandez, 46, an El Salvador national, was taken into immigration custody after a U.S. Coast Guard Investigative Service investigation confirmed he was unlawfully present in the country, according to DHS.

Hernandez was initially charged by New York authorities with 13 counts of reckless endangerment and was later federally charged with two counts of misconduct and…

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