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DHS Secretary Kristi Noem

Department of Homeland Security Secretary Kristi Noem said she will seek the death penalty for two Mexican nationals operating a boat that capsized off the coast of California, killing at least three people during an alleged human smuggling operation. Seven other people are still missing.

Noem said in a statement that DHS will request the Department of Justice to request the death penalty "based on a thorough review of both the Immigration and Naturalization Act and the Federal Death Penalty Act."

"Their deaths were not only avoidable but were also the direct result of the greed and indifference of smugglers who exploited them. Maritime smuggling is not just illegal—it is a violent and inherently dangerous crime. Those who knowingly place human lives at grave risk in furtherance of such crimes must be held fully accountable," Noem added in her statement.

The episode took place on Monday off the coast of Del Mar, in southern California. Four survivors were taken to a nearby hospital. It is unclear if any of those missing made it to the shore on their own.

The incident occurred around 6:30 a.m. near Torrey Pines State Beach, according to NBC 7. Emergency crews responded after reports that three bodies had washed ashore.

Petty Officer Chris Sappey, a spokesperson for the U.S. Coast Guard, told NBC News that the boat was suspected of being used for human smuggling, not drug trafficking, and confirmed that at least two children were among those on board.

In a post on X , the U.S. Coast Guard Southern California said that between April 20 and 26 there were seven illegal maritime smuggling attempts involving 41 people near the U.S.-Mexico border.

"Every attempt by sea is extremely dangerous—overloaded boats, freezing waters, and violent surf can turn deadly in seconds. Don't take to the sea," the Coast Guard warned.

One of the deadliest maritime smuggling incidents in recent years occurred in 2023, when eight people died after two panga boats approached a fog-shrouded San Diego beach and one capsized. Then-San Diego Fire-Rescue Lifeguard Chief James Gartland called it "one of the worst maritime smuggling tragedies in California history."

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