The US Attorney's Office reports that a grand jury returned a 24-count indictment Thursday.
The boat carrying Bahamians, Jamaicans and Haitians capsized 11 km east of Miami. The 11 survivors were found clinging to the hull the morning of October 17.
The indictment charges Naaman Davis, 53, and George Lewis, 38, both of the Bahamas, with encouraging and inducing aliens to enter the United States resulting in death.
Boat operator Davis is also charged with involuntary manslaughter. Lewis and three others were charged with illegal re-entry into the United States by an aggravated felon. Davis and Lewis face possible death sentences.