Manuel Hernandez, 46, is in U.S. Immigration and Customs Enforcement custody after authorities linked him to the fatal capsizing of an overcrowded boat near Liberty Island. The Aug. 8 incident killed a 27-year-old mother and her five-month-old daughter, while 12 other people were rescued. Federal prosecutors allege Hernandez operated an unlicensed paid tour without required credentials and exceeded the vessel’s capacity. He also faces immigration allegations related to his entry into the United States and statements made to border officials.
| 1) | ICE custody and immigration allegations |
| 2) | Fatal New York Harbor capsizing |
| 3) | Alleged safety and licensing violations |
| 4) | What investigators say happened on the water |
| 5) | Federal case and possible penalties |
ICE custody and immigration allegations
The Department of Homeland Security said ICE took Manuel Hernandez, an El Salvador national, into immigration custody after a U.S. Coast Guard Investigative Service inquiry determined that he was unlawfully present in the country. Hernandez allegedly told authorities that he entered through Texas in 2007. DHS also alleges that he falsely claimed to be a U.S. citizen to a U.S. Customs and Border Protection officer.
The immigration case is separate from the criminal prosecution arising from the boat disaster. DHS Secretary Markwayne Mullin said Hernandez would face the criminal case before being removed from the United States. The immigration allegations remain claims by the government and do not determine the outcome of the criminal charges.
Fatal New York Harbor capsizing
The boat overturned near Liberty Island in New York Harbor during a paid excursion on Aug. 8, 2026. The Yamaha AR210 was carrying 14 people, including Hernandez, according to the federal complaint. All 14 were thrown into the water after the vessel capsized.
A 27-year-old woman, identified as Sara Sanchez, and her five-month-old daughter, Antonella Garcia, were recovered unresponsive. They were later pronounced dead at a Brooklyn hospital. Hernandez and 11 passengers survived, with rescuers and New York authorities responding to the scene.
Alleged safety and licensing violations
Federal prosecutors allege that Hernandez was not licensed to carry paying passengers and lacked a Merchant Mariner Credential and a Coast Guard Certificate of Inspection. The vessel reportedly had a maximum capacity of 10 people, meaning the 14 occupants exceeded that limit.
Prosecutors further allege that the boat did not display a capacity placard and that Hernandez said he did not know its maximum capacity. Before departure, he allegedly asked the baby’s parents whether they had an infant flotation device. After they said they did not, Hernandez reportedly told them the boat did not have one either. The complaint says he nevertheless instructed one parent to wear a life vest and hold the infant.
“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.
What investigators say happened on the water
According to the federal complaint, Hernandez told investigators that he made a U-turn into a swell that may have been caused by the wake of a larger vessel. He allegedly accelerated through the swell, after which water came over the bow and the boat capsized.
The complaint also says Hernandez had previously piloted at least two other paid tours for the same company using his own vessel. He allegedly acknowledged that he lacked the required credentials and received about $1,000 for each trip. Investigators are using those statements to examine how the fatal excursion was organized and operated.
Federal case and possible penalties
New York authorities initially charged Hernandez with 13 counts of reckless endangerment. Federal prosecutors later charged him with two counts of misconduct and neglect of a ship officer resulting in death, tied to the deaths of the mother and infant.
Each federal charge carries a maximum sentence of 10 years in prison. DHS said Hernandez would be removed from the United States after the criminal proceedings. The allegations will be tested in court, and the charges do not constitute a conviction.
| Number | Key Point |
|---|---|
| 1 | Hernandez is in ICE custody following a Coast Guard investigative inquiry. |
| 2 | A mother and her five-month-old daughter died after the Aug. 8 capsizing. |
| 3 | Prosecutors allege the boat carried 14 people despite a capacity of 10. |
| 4 | Federal charges carry a maximum penalty of 10 years each. |
Summary
The case combines a federal maritime prosecution with a separate immigration enforcement action. Investigators allege that Hernandez operated a commercial excursion without the required authorization, carried more passengers than the boat’s stated capacity, and proceeded without an infant life vest. The criminal proceedings will determine responsibility for the deaths, while immigration authorities have said removal will follow the criminal case.
Frequently Asked Questions
Why was Manuel Hernandez arrested by ICE?
DHS said Hernandez was placed in ICE custody after investigators determined that he was unlawfully present in the United States. The agency also alleges that he falsely claimed U.S. citizenship when entering through Texas in 2007.
What happened near Liberty Island?
An overcrowded Yamaha AR210 capsized in New York Harbor during a paid tour on Aug. 8, 2026. Fourteen people entered the water, and a 27-year-old woman and her five-month-old daughter died.
What criminal charges does Hernandez face?
He was initially charged in New York with 13 counts of reckless endangerment. Federal prosecutors later charged him with two counts of misconduct and neglect of a ship officer resulting in death, each carrying a maximum sentence of 10 years.
