NEW: The captain accused of operating an illegal charter boat that capsized in New York Harbor, killing a 27-year-old mother and her baby, is an illegal immigrant and is now in custody.

NEW: The captain accused of operating an illegal charter boat that capsized in New York Harbor, killing a 27-year-old mother and her baby, is an illegal immigrant and is now in custody. Authorities say Manuel Ernesto Hernandez-Umana does not have a captain's license and is accused of illegally operating the charter when the deadly trip turned tragic. DHS says Hernandez-Umana crossed the border in 2007 and falsely claimed U.S. citizenship. The agency says it will ensure he is removed from the country after he faces justice.@AlexisMcAdamsTV has the latest.