Immigration and Customs Enforcement officers arrested the captain of a tour boat that capsized in New York Harbor earlier this month after the incident killed a mother and her baby.

Manuel Hernandez, 46, is an illegal immigrant from El Salvador who entered the United States in 2007 after lying to a Customs and Border Protection officer about being a U.S. citizen, according to a Wednesday press release from the Department of Homeland Security. After the Coast Guard Investigative Service determined he was an illegal immigrant, ICE’s Enforcement and Removal Operations apprehended the man.