A fatal boating disaster near one of New York’s most iconic landmarks has taken an unexpected turn, as the captain of the overturned vessel has been taken into federal immigration custody over charges of illegal entry into the United States. The August 8 incident, which unfolded just off the coast near the Statue of Liberty, left two people dead — a 27-year-old mother and her 5-month-old infant daughter — after the overloaded boat capsized and threw all 14 passengers and crew into the rough harbor waters.
Forty-six-year-old Manuel Hernandez, the captain of the vessel, was first taken into police custody shortly after the accident, where he faced criminal charges of reckless endangerment that resulted in the two deaths. A federal criminal complaint adds two additional counts of misconduct and neglect by a ship officer that led to death, with each count carrying a maximum penalty of 10 years behind bars. Following his initial arrest, Hernandez was released on bail, but immigration officials have now taken him back into custody after uncovering his irregular immigration status.
According to U.S. immigration authorities, Hernandez entered the country illegally from El Salvador and intentionally provided false information about his citizenship to border patrol agents during his entry. Department of Homeland Security Secretary Markwayne Mullin confirmed in an official statement that after Hernandez resolves his pending criminal charges for the boating incident, authorities will move forward with expedited deportation proceedings to remove him from the country. “Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country,” Mullin said.
The BBC has reached out to Hernandez’s legal representative to request a statement on the immigration charges and new detention, but no response has been received as of yet. A preliminary investigation conducted by the U.S. Coast Guard confirmed key safety failures that contributed to the disaster: the small vessel was carrying far more passengers than its rated capacity, and there were no properly sized life jackets available for the infant on board. All 12 other passengers on the boat were rescued from the harbor shortly after the capsizing, with no other fatalities reported.
Hernandez will remain in Immigration and Customs Enforcement (ICE) custody for the duration of his upcoming criminal trial, closing a loop that left immigration advocates and local observers questioning how an unauthorized individual was able to operate an unregulated passenger vessel in one of the nation’s busiest harbors.