The 46-year-old was arrested after a Coast Guard investigation into the Aug. 8 crash that left a mother and her 5-month-old daughter dead
Credit: Department of Justice
NEED TO KNOW
- Manuel Hernandez-Umana, 46, was arrested by ICE and is facing deportation after a Coast Guard investigation, DHS said
- He is also charged with two counts in connection with the deaths of a 27-year-old woman and her 5-month-old daughter in a New York Harbor boat capsizing
- Prosecutors allege Hernandez-Umana was operating an overcrowded boat for paying customers without the required licenses and safety equipment
A 46-year-old man accused of illegally piloting a boat that capsized in New York Harbor, killing a 27-year-old woman and her 5-month-old daughter, is now in immigration custody and facing deportation, federal authorities said.
Manuel Ernesto Hernandez-Umana was arrested by U.S. Immigration and Customs Enforcement following an investigation by the Coast Guard that determined he was unlawfully present in the U.S., according to the Department of Homeland Security.
Hernandez-Umana was piloting the boat on Aug. 8 when it capsized in New York Harbor, sending all 14 people aboard into the water, according to allegations in a federal complaint. The vessel had a maximum allowable capacity of 10 people, prosecutors allege.
The woman and her infant daughter were recovered from the water by members of the New York Police Department and U.S. Coast Guard. Both were taken to a hospital in Brooklyn, where they were pronounced dead, according to the complaint. Eleven other passengers and Hernandez-Umana survived the capsizing, according to federal prosecutors.
The incident initially prompted a criminal investigation into Hernandez-Umana and the circumstances surrounding the capsizing. On Aug. 10, the U.S. Attorney’s Office for the Southern District of New York announced that Hernandez-Umana had been charged with two counts of misconduct and neglect of a ship officer resulting in death.
Prosecutors further allege that Hernandez-Umana was operating the vessel for paying customers without the required Merchant Mariner Credential or a valid U.S. Coast Guard Certificate of Inspection. They also allege that the boat was overcrowded and that the infant was not wearing a personal flotation device and that no child- or infant-sized flotation devices were available onboard the vessel.
Federal authorities now say the Coast Guard investigation also found that Hernandez-Umana was unlawfully present in the U.S. DHS said Hernandez-Umana claimed to have illegally entered the country through Texas in 2007 and falsely told a U.S. Customs and Border Protection officer that he was a U.S. citizen.
Hernandez-Umana was subsequently arrested by ICE’s Enforcement and Removal Operations, according to DHS.
“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 that after Hernandez-Umana faces the criminal charges, authorities intend to remove him from the U.S.

Credit: Department of Justice
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The Coast Guard Investigative Service and the NYPD have continued investigating the circumstances surrounding the capsizing.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” Coast Guard Investigative Service Assistant Director Josh Packer said in a statement.
NYPD Commissioner Jessica S. Tisch also said the allegations outlined in the complaint demonstrated a disregard for passenger safety.
“As alleged in the complaint, Manuel Hernandez showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor,” Tisch said in a statement.
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