Catherine Kerr of Scarborough got her two Sea-Doos back from U.S. authorities in Lewiston, N.Y., but she had to leave her boyfriend Jason Haist behind in jail. (VERONICA HENRI/Sun Media)

Two Toronto-area men are behind bars in a Buffalo detention centre after a dramatic rescue from the Niagara River resulted in them being charged with making an "illegal" entry into the U.S..

Jason Haist, of Scarborough, along with his cousin Edward Haist, were riding Sea-Doos up and down the river Saturday evening when they were knocked into the water after hitting strong currents near Devil's Hole State Park.

Edward washed up on the U.S. shore while Jason was pulled out of the river -- unconscious and suffering from a head injury -- by personnel on a tour boat.

The United States Coast Guard took Jason, who was wearing only a lifejacket and swim trunks, off the tour boat and transported him to Mount St. Mary's Hospital in Lewiston, N.Y., for treatment.

Catherine Kerr, Jason's live-in girlfriend, later received a shocking message: Jason was going to be jailed for making an illegal entry into the U.S..

"He told me he had an accident and needed help but that the border patrol was coming to take him to jail," said Kerr, a Scarborough resident.

Both Jason and Edward were taken into custody by the U.S. Border Patrol and placed in the Buffalo Federal Detention Facility.

"They're being administratively charged with failure to report on landfall in the States," said A.J. Price, a border patrol agent with U.S. Customs and Border Protection.

"I don't think it's fair," said a nervous Kerr, who spent a near sleepless night shaking and "freaking out."

"It was an accident and not like he had a choice what hospital to go to. Here's a guy who was drowning and lucky enough to be saved -- and now he faces this."

According to Kerr, Jason had asked and obtained permission from the U.S. Border Patrol to ride his Sea-Doo back and forth across the unseen border that runs down the middle of the Niagara River.

Price, meanwhile, said that while it's possible to go on both sides of the border on the river, a person must report to the appropriate authorities upon landing on American soil.

"We have no discretion in the matter and that's why we're giving it to an immigration judge," Price said.

The two men will attend a closed hearing before an immigration judge today. It's expected, they'll either be issued a removal order and deported back to Canada or the judge may dismiss the charges against them.

If a removal order is issued, the two will need to go through an extensive application process in order to return to the U.S. Kerr, however, did make a trip across the border yesterday -- not to be reunited with Jason, but rather to recover their two Sea-Doos.

"They told me I had to come get them as soon as possible because they wouldn't be responsible for them if they were stolen," she said.

Canada's department of foreign affairs said they were aware of the situation but declined to comment.