El Salvador National Arrested by ICE After Unlicensed Boat Capsizes Near Liberty Island, Killing Mother and Infant

Manuel Hernandez, 46, a national of El Salvador, was taken into immigration custody by U.S. Immigration and Customs Enforcement following an investigation by the U.S. Coast Guard Investigative Service that determined he was in the country unlawfully. The Department of Homeland Security announced his arrest after authorities established that Hernandez was operating an unlicensed vessel that capsized near Liberty Island in New York Harbor on August 8, resulting in two deaths.

Hernandez has been charged by federal prosecutors with two counts of misconduct and neglect of a ship officer resulting in death. He was initially charged by New York state authorities with 13 counts of reckless endangerment in connection with the incident. The boat, a Yamaha AR210 with a maximum capacity of 10 people, was carrying 14 passengers when it overturned, killing a 27-year-old woman and her 5-month-old daughter.

According to DHS, Hernandez claims he unlawfully entered the United States through Texas in 2007 by misrepresenting his citizenship status to a U.S. Customs and Border Protection officer. Federal prosecutors allege he had been conducting unlicensed paid boat tours and ignored multiple safety regulations prior to the fatal excursion, including transporting the infant without an appropriate life vest.

In statements to investigators following his arrest, Hernandez acknowledged he lacked the required Merchant Mariner Credential and Coast Guard Certificate of Inspection. He stated he did not know such certifications were mandatory and claimed the borrowed vessel lacked a capacity placard. Hernandez acknowledged receiving approximately $1,000 per trip for at least two previous paid tours conducted using his own vessel for the same company.

Before departing, Hernandez asked the infant’s parents if they possessed an infant-sized flotation device and was told they did not. Despite this exchange, he informed them the boat had no infant life vests available, according to the federal complaint. He then instructed one parent to wear a life vest while holding the baby during the tour.

The capsizing occurred when Hernandez made a U-turn into a swell, possibly caused by the wake of a larger vessel, and attempted to accelerate through it before water breached the bow. Eleven passengers and Hernandez survived the incident. The mother and infant were recovered unresponsive and pronounced dead at a Brooklyn hospital.

DHS Secretary Markwayne Mullin stated in a comment that Hernandez would face removal from the country following resolution of his criminal case. Each of the two federal charges carries a maximum prison sentence of 10 years. U.S. Attorney Jamie McDonald emphasized that Hernandez transported paying customers on a commercial vessel without proper licensing, exceeded capacity limits, and carried an infant passenger without appropriate safety equipment.