Eight migrants thought to be lost at sea after boat capsized are found alive in San Diego – but 10-year-old still missing

Homeland Security Secretary Kristi Noem said she’d be seeking the death penalty against the alleged smugglers

Del Mar lifeguards looks over a capsized boat on the beach Monday, May 5, 2025, at Torrey Pines State beach in San Diego, California (AP)

Eight migrants thought to be lost at sea after a boat capsized off the coast of California on Monday were found alive, authorities announced in a news release.

Witnesses spotted a panga boat overturned at a beach in Del Mar, 22 miles from San Diego. Lifeguards and bystanders participated in rescue efforts, the Justice Department said. Law enforcement officials recovered three bodies from the water, including a 14-year-old boy from India. His 10-year-old sister remains missing at sea and is presumed dead. The incident resulted in the deaths of three people.

The children’s father is in a coma and their mother is hospitalized. Nine others were initially unaccounted for.

On Monday, officials arrested two Mexican nationals believed to be involved in the event, identified as Julio Cesar Zuniga Luna and Jesus Juan Rodriguez Leyva. The two were taken into custody at the beach on Monday and charged with bringing in aliens resulting in death and bringing in aliens for financial gain.

While conducting operations that evening, Border Patrol agents in Chula Vista identified a vehicle that had been observed at the scene of the smuggling incident. The driver of the vehicle fled the scene.

Border Patrol agents identified two other vehicles during the investigation and managed to stop and arrest the drivers of the vehicles, locating eight of nine people who had initially been reported missing.

Life jackets and personal items are seen in a boat that capsized Monday (AP)

In that instance, Melissa Jenelle Cota, Gustavo Lara and Sergio Rojas-Fregosa, all Mexican nationals, were arrested and charged with transportation of illegal aliens. Rojas-Fregoso was in the country without authorization and had previously been deported in 2023.

“Human smuggling, regardless of the route, is not only illegal but extremely dangerous,” said Shawn Gibson, special agent in charge of HSI San Diego. “Smugglers often treat people as disposable commodities, leading to tragic and sometimes deadly consequences, as we saw in this case.

“Yesterday's heartbreaking events are a stark reminder of the urgent need to dismantle these criminal networks driven by greed. The HSI along with the U.S. Border Patrol, U.S. Coast Guard, and other partners from the Marine Task Force, remains firmly committed to holding those responsible accountable for these senseless deaths.”

Department of Homeland Security Secretary Kristi Noem said in a written statement that she will seek the death penalty against the alleged criminals.

“I will be formally requesting that the attorney general ensure that these two suspected smugglers are swiftly prosecuted to the fullest extent of the law,” she said. “I will also be urging the Attorney General to seek the death penalty in this case. The Department of Homeland Security will not tolerate this level of criminal depravity or reckless disregard for human life.”