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SHOCK NEW TWIST IN THE NEW YORK HARBOR TRAGEDY THAT KILLED SARA SANCHEZ, 27, AND HER 5-MONTH-OLD DAUGHTER ANTONELLA — FEDERAL INVESTIGATORS HAVE NOW REVEALED WHO WAS REALLY BEHIND THE CONTROLS OF THE DOOMED BOAT.

Captain in Deadly New York Harbor Boat Capsizing Taken Into ICE Custody as Federal Case Moves Forward

Manuel Hernandez leaves U.S. district court with his lawyer, Amy Gallicchio, after being charged in a boating accident.

Manuel Hernandez, an illegal immigrant charged in the fatal New York Harbor tragedy, is now in ICE custody.AP Photo/Larry Neumeister

The captain accused in the New York Harbor boat capsizing that killed a 27-year-old mother and her 5-month-old daughter is now being held by federal immigration authorities, adding a new development to the criminal investigation surrounding the tragedy.

Manuel Hernandez, 46, an El Salvador national, was taken into Immigration and Customs Enforcement custody after investigators determined that he was unlawfully present in the United States, according to the Department of Homeland Security.

Hernandez had already been charged in federal court with two counts of misconduct and neglect of a ship officer resulting in death. He had been released on $50,000 bail in that case, but is now being held without bail by immigration authorities while the criminal proceedings continue.

The Aug. 8 capsizing near Liberty Island killed Sara Sanchez and her infant daughter, Antonella Garcia.

Investigators say Hernandez was not a licensed boat captain

A personal watercraft is lifted from a "Corps of Engineers U.S. Army" vessel by a crane.

Authorities said the ill-fated 21-foot boat that capsized near Liberty Island was unlicensed and overloaded with passengers.Luiz C. Ribeiro for NY Post

Federal authorities allege Hernandez was operating a 21-foot vessel carrying passengers on a charter cruise despite not having the required boating license or training.

Hernandez had been hired by the tour operator as a limousine driver, according to authorities. Investigators said he nevertheless periodically captained harbor cruises.

The Aug. 8 trip was carrying a group celebrating a birthday when disaster struck.

Federal prosecutors allege there were 14 passengers aboard the 21-foot vessel. According to authorities, a boat of that size would typically be expected to carry no more than 10 people.

Investigators also found that the vessel did not have life jackets designed for children or infants. Hernandez allegedly told passengers they were not required.

According to prosecutors, Hernandez turned and accelerated after encountering a swell. The vessel then capsized, throwing everyone aboard into New York Harbor.

Other charter vessels and emergency crews from the NYPD, FDNY and Coast Guard responded to the scene. Survivors were pulled from the water, but Sanchez and her 5-month-old daughter could not be saved.

Immigration status uncovered during investigation

Sara Sanchez and Andres Garcia with their child.

Sara Sanchez, 27, and her husband, Andres Garcia. Sanchez and her baby, Antonella Garcia, were killed.Facebook / Andres Garcia

The investigation into Hernandez did not end with the circumstances surrounding the boat.

The US Coast Guard Investigative Service subsequently determined that Hernandez was unlawfully present in the country, according to federal officials.

Authorities allege that Hernandez crossed the southern border through Texas in 2007 and falsely claimed to a border agent that he was a US citizen.

Following the Coast Guard investigation, ICE took Hernandez into custody.

DHS Secretary Markwayne Mullin said Hernandez would remain subject to immigration enforcement after the criminal proceedings against him are addressed.

Mullin also sharply criticized the alleged operation, saying Hernandez had been conducting unlicensed boat tours when the fatal capsizing occurred.

Federal charges remain pending

NYPD Harbor Unit officers securing lines to an overturned boat before towing it into the harbor.

NYPD Harbor Unit officers secure lines to an overturned boat that flipped and killed a mom and her baby on Aug. 8.Luiz C. Ribeiro for NY Post

The immigration action is separate from the criminal case stemming from the deaths of Sanchez and Antonella.

Hernandez faces two federal counts of misconduct and neglect of a ship officer resulting in death. The allegations against him have not yet been proven in court.

Authorities are continuing to examine the circumstances of the charter operation, including the number of passengers aboard, Hernandez’s qualifications to operate the vessel and the safety equipment available during the trip.

Coast Guard investigator Josh Packer said illegal charter operations can put passengers at serious risk, adding that the alleged conduct in this case resulted in an “unthinkable tragedy.”

For Sanchez’s family, the investigation follows what was supposed to have been a birthday celebration on the water. Instead, the outing near one of New York’s most recognizable landmarks ended with the deaths of a mother and her infant daughter and has now led to both a federal criminal prosecution and immigration proceedings against the man accused of operating the boat.

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