HomeUSICE Arrests Suspect in Liberty Island Boat Capsizing Incident

ICE Arrests Suspect in Liberty Island Boat Capsizing Incident

The individual accused of managing this overcrowded and unlicensed boat tour, which resulted in the deaths of a mother and her infant daughter, is facing serious charges. According to the Department of Homeland Security, this man, who resided illegally in the U.S., is now detained by ICE.

Manuel Hernandez, aged 46 and a national of El Salvador, has been placed in immigration custody following an investigation by the U.S. Coast Guard Investigative Service, which confirmed his unlawful residency in the country, as per DHS findings.

Initially, New York authorities charged Hernandez with 13 counts of reckless endangerment. He now faces additional federal charges, including two counts of misconduct and neglect of a ship officer resulting in death, stemming from the boat’s capsizing on August 8 in New York Harbor.

Sara Sanchez and Andres Garcia family photo alongside a courtroom sketch of Manuel Hernandez

Pictured are Sara Sanchez, 27, with her partner Andres Garcia, their older son, and a courtroom sketch of Manuel Hernandez. Sara Sanchez and her 5-month-old daughter, Antonella Garcia, tragically lost their lives when the boat operated by Hernandez overturned in New York Harbor. (GoFundMe/Jane Rosenberg)

Federal prosecutors allege Hernandez was operating unlicensed boat tours and ignored multiple safety requirements before the fatal excursion, which killed a 5-month-old girl and her 27-year-old mother.

DHS said Hernandez claims he illegally entered the United States through Texas in 2007. He allegedly lied to a U.S. Customs and Border Protection (CBP) officer and falsely claimed to be a U.S. citizen to enter the country, according to the agency.

Federal prosecutors said Hernandez was not licensed to carry paying passengers but had 14 people aboard the Yamaha AR210 he was piloting, despite the vessel having a maximum capacity of 10. He also allegedly took the 5-month-old infant aboard without an appropriate life vest.

Manuel Hernandez

Manuel Hernandez, 46, an El Salvador national, is accused of operating an overcrowded, unlicensed boat tour that capsized in New York Harbor, killing a mother and her 5-month-old daughter. (U.S. Attorney’s Office for the Southern District of New York; Barry Williams / New York Daily News via Getty Images)

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.

Crane lifting the capsized Yamaha AR210 from New York Harbor following the fatal accident

A crane lifts the capsized Yamaha AR210 from New York Harbor after the vessel overturned during an Aug. 8, 2026, paid boat tour. (U.S. Attorney’s Office for the Southern District of New York)

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.

Homeland Security Secretary Markwayne Mullin

DHS Secretary Markwayne Mullin said Manuel Hernandez would be removed from the United States after facing justice in connection with the deadly New York Harbor boat capsizing. (REUTERS/Annabelle Gordon)

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.