U.S. Immigration and Customs Enforcement (ICE) has detained Manuel Hernandez, a boat captain involved in an August 8 capsizing near the Statue of Liberty that resulted in two deaths. Hernandez was previously arrested on local charges and released on bail before being taken into federal custody by immigration officials.
The incident occurred when a vessel carrying 14 people overturned in New York Harbor. Emergency responders recovered a 27-year-old mother and her 5-month-old daughter from the water, but both were later pronounced dead at a hospital. The remaining 12 passengers were rescued.
A U.S. Coast Guard investigation determined the boat was overloaded and lacked infant-sized life jackets, according to a criminal complaint. Hernandez, 46, now faces two federal counts of misconduct and neglect of a ship officer resulting in death. Each count carries a maximum penalty of 10 years in prison.
Federal officials allege that Hernandez entered the U.S. illegally from El Salvador and provided false information regarding his citizenship to border patrol officers. Homeland Security Secretary Markwayne Mullin stated that the government intends to pursue Hernandez's removal from the country following the conclusion of his criminal proceedings. The BBC reported that it has contacted Hernandez's lawyer for comment.
The scale of the legal action involves two federal felony counts, each potentially resulting in a decade of incarceration, totaling up to 20 years if sentences are served consecutively. For the broader public and boat operators, the case underscores the immediate legal consequences of operating vessels without required safety equipment, such as life jackets for minors. Under federal law, the "misconduct and neglect of a ship officer" statute is the primary mechanism for prosecuting maritime negligence that leads to loss of life.
The outcome will also influence federal immigration enforcement priorities regarding individuals who are facing criminal charges while in the country without legal status. A conviction would lead to a prison term before deportation proceedings begin. The next steps in the legal process include a trial for the federal charges; however, specific court dates and the scheduled start of the trial were not reported. Hernandez will remain in federal custody throughout this period.