The captain of a boat that capsized near New York Harbor this month, killing a 27-year old mother and her 5-month-old daughter, has been detained by immigration agents for entering the country illegally, officials said.

Manuel Hernandez was first arrested earlier this month, and charged with reckless endangerment leading to death. He was later released on bail.

Immigration authorities allege the boat operator illegally entered the US from El Salvador and lied to border patrol officers about his citizenship.

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

The BBC has contacted Hernandez’s lawyer for comment.

The vessel captained by Hernandez, 46, capsized near the Statue of Liberty in New York City on 8 August, throwing all 14 people overboard.

A 27-year-old woman and her 5-month-old daughter were recovered from the water but pronounced dead at a hospital. Twelve others were rescued from the water.

A coastguard investigation found the boat was overloaded, and did not have life jackets for infants on board, according to a criminal complaint.

Hernandez was charged with two federal counts of misconduct and neglect of a ship officer resulting in death – each carrying a maximum sentence of 10 years in prison.

Following his initial arrest, authorities determined that he was not in the US legally.

He will remain in ICE detention while awaiting trial.