ICE Arrests Illegal Immigrant Accused in Liberty Island Capsize

The man accused of running an overcrowded, unlicensed boat tour that overturned near Liberty Island earlier this month, killing a mother and her infant daughter, was in the United States illegally and has been taken into ICE custody, the Department of Homeland Security said.

Manuel Hernandez, 46, a national of El Salvador, was placed in immigration custody after a U.S. Coast Guard Investigative Service investigation determined he was unlawfully present in the country, according to DHS.

New York authorities first charged Hernandez with 13 counts of reckless endangerment. He was later indicted federally on two counts of misconduct and neglect of a ship officer resulting in death tied to the Aug. 8 capsizing in New York Harbor.

Prosecutors say Hernandez had been operating paid boat tours without the required license and disregarded several safety rules before the fatal trip, which claimed the lives of the 5-month-old girl and her 27-year-old mother.

DHS said Hernandez claims he entered the United States illegally through Texas in 2007. The agency also alleged he lied to a U.S. Customs and Border Protection officer by falsely claiming to be a U.S. citizen in order to enter the country.

According to federal prosecutors, Hernandez was not licensed to carry paying passengers but had 14 people aboard the Yamaha AR210 he was piloting, even though the boat’s maximum capacity was 10. He also allegedly allowed the 5-month-old infant on board without a proper life vest.

According to the federal complaint, Hernandez told investigators he did not know that a Merchant Mariner Credential or Coast Guard Certificate of Inspection was required. He also allegedly said the borrowed vessel did not have a capacity placard and that he did not know its maximum capacity.

“This criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor when his boat capsized, killing a 27-year-old woman and her 5-month-old baby,” DHS Secretary Markwayne Mullin said in a statement.

Mullin said Hernandez would be removed from the country after facing the criminal case against him.

“Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin said.

According to the federal complaint, Hernandez allegedly told investigators after his arrest that he had previously piloted at least two other paid boat tours for the same company using his own vessel.

He allegedly acknowledged that he did not have the required Merchant Mariner Credential or Coast Guard Certificate of Inspection and said he was paid approximately $1,000 for each trip.

Before the fatal excursion began, Hernandez allegedly asked the baby’s parents whether they had an infant-sized flotation device. When they said they did not, Hernandez told them the boat did not have one either, according to the complaint.

Prosecutors said Hernandez nevertheless instructed one of the parents to wear a life vest and hold the baby during the tour.

“The defendant allegedly flouted those regulations when he transported paying customers on a commercial vessel without appropriate licenses, overcrowded the vessel, and took on a 5-month-old infant passenger, with no infant life vests onboard,” U.S. Attorney Jamie McDonald said in a statement.

The vessel later capsized near Liberty Island, throwing all 14 people into New York Harbor. According to the complaint, Hernandez told investigators that he made a U-turn into a swell, possibly caused by the wake of a larger vessel, and tried to accelerate through it before water came over the bow. Eleven passengers and Hernandez survived, while the mother and infant were recovered unresponsive and later pronounced dead at a Brooklyn hospital.

Each of the two federal charges carries a maximum sentence of 10 years in prison.