Boat Capsizing near Liberty Island has led to the immigration arrest of a man accused of operating an overcrowded tour. Federal authorities say Manuel Hernandez, 46, remained unlawfully in the United States after allegedly entering through Texas in 2007.
The El Salvador national now faces federal charges connected to the Aug. 8 incident, which killed a mother and her five-month-old daughter. Meanwhile, immigration officials placed Hernandez into custody following an investigation by the Coast Guard Investigative Service.
Authorities allege Hernandez operated an unlicensed commercial boat carrying passengers for payment during the fatal trip. Moreover, prosecutors say the vessel carried 14 people despite having a stated maximum capacity of only 10 passengers.
According to federal allegations, Hernandez lacked the credentials and certifications required for commercial passenger operations. Investigators also say he acknowledged previously operating other paid boat trips without the necessary maritime authorization.
The fatal voyage involved a Yamaha AR210 that authorities say lacked a clearly displayed capacity placard. Furthermore, prosecutors allege Hernandez did not understand the vessel’s maximum passenger capacity before taking customers aboard.
Investigators also focused on the infant’s safety during the excursion near Liberty Island. According to prosecutors, Hernandez asked the child’s parents whether they had an infant-sized flotation device.
When the parents said they did not have one, Hernandez allegedly confirmed the boat lacked one. Nevertheless, prosecutors say he instructed a parent to wear a life vest while holding the baby.
The boat later encountered difficult water conditions near Liberty Island during the New York Harbor trip. Hernandez allegedly made a U-turn into a swell and accelerated before water entered over the vessel’s bow.
Consequently, the boat overturned and threw all 14 people into the surrounding harbor waters. Eleven passengers and Hernandez survived, while rescuers recovered the mother and infant without vital signs.
Medical personnel transported both victims to a Brooklyn hospital, where authorities later pronounced them dead. New York authorities initially charged Hernandez with 13 counts of reckless endangerment following the deadly incident.
Federal prosecutors subsequently charged him with two counts involving misconduct and neglect by a ship officer. Those charges relate directly to the deaths resulting from the August boat accident.
DHS officials separately allege Hernandez entered the United States illegally through Texas in 2007. Authorities further accuse him of falsely claiming American citizenship when questioned by a Customs and Border Protection officer.
Hernandez’s immigration status became part of the federal investigation after authorities reviewed his background. ICE subsequently assumed custody while the criminal proceedings continue through the federal court system.
DHS Secretary Markwayne Mullin said Hernandez would face the criminal case before authorities pursue his removal. However, the criminal allegations remain matters for prosecutors to prove through the legal process.
The investigation has also examined Hernandez’s previous experience operating paid boat tours. According to the federal complaint, he previously completed at least two similar trips for the same company.
Authorities allege Hernandez earned approximately $1,000 for each earlier trip despite lacking required maritime credentials. Therefore, prosecutors are examining whether those previous operations followed passenger safety and licensing requirements.
The Boat Capsizing investigation continues as federal authorities examine the vessel, operating conditions, and circumstances. Meanwhile, investigators are reviewing statements surrounding passenger capacity, flotation equipment, licensing, and navigation decisions.
The case highlights the consequences of operating passenger vessels without required certifications or adequate safety equipment. Ultimately, prosecutors will present their allegations in court as Hernandez’s federal case moves forward.
The Boat Capsizing occurred after the vessel encountered a swell near Liberty Island, according to investigators. Authorities continue examining precisely how the vessel overturned and whether additional factors contributed to the deaths.
