ICE Arrests Boat Captain in Deadly New York Harbor Capsizing
The captain of an unlicensed tour boat that capsized in New York Harbor earlier this month, killing a 27-year-old woman and her 5-month-old daughter, has been arrested by U.S. Immigration and Customs Enforcement (ICE), according to the Department of Homeland Security. The arrest adds an immigration enforcement dimension to an already complex criminal case.
The Deadly Capsizing
On August 8, at approximately 10:20 p.m., Manuel Ernesto Hernandez-Umana, 46, was piloting a 22-foot Yamaha AR210 bowrider when it capsized near Liberty Island, home to the Statue of Liberty. The vessel was carrying 14 people—four more than its maximum allowable capacity of 10—when it overturned, throwing everyone onboard into the water.
According to the U.S. Attorney’s Office for the Southern District of New York, Hernandez-Umana was conducting a tour for paying customers arranged through a tour operations company. Prosecutors allege he piloted the boat into a swell, made a U-turn, and accelerated the throttle in an attempt to pass through it until the swell swamped the bow, capsizing the vessel immediately.
Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, both of College Point, Queens, were recovered unresponsive from the water. They were transported to NYU Langone Hospital-Brooklyn, where they were pronounced dead. The baby’s father, Andres Garcia, survived the disaster, as did 11 other passengers and Hernandez-Umana himself.
Overcapacity and Missing Safety Equipment
Federal prosecutors detailed multiple safety violations in the criminal complaint. The vessel was over capacity, the infant was not wearing a personal flotation device, and Hernandez-Umana knew the boat had no child- or infant-sized life vests onboard. He also lacked a Merchant Mariner Credential—the required U.S. Coast Guard certification to operate a vessel with paying passengers—and operated without a valid USCG Certificate of Inspection. In fact, the vessel was of a type and size that made it ineligible to receive such a certificate for the operation conducted.
Hernandez-Umana was charged with two counts of misconduct and neglect of a ship officer resulting in death, each carrying a maximum sentence of 10 years in prison. He also faces 13 counts of reckless endangerment from the NYPD, which arrested him at the scene. He appeared before U.S. Magistrate Judge Valerie Figueredo on August 10 and was released on a $50,000 personal recognizance bond with conditions including a prohibition on operating any boats or vessels.
ICE Arrest and Immigration Status
After an investigation by the Coast Guard Investigative Service (CGIS) confirmed Hernandez-Umana’s unlawful presence in the United States, ICE’s Enforcement and Removal Operations (ERO) arrested him, according to the DHS. Hernandez-Umana, a Salvadoran national, claimed to have illegally entered the United States through Texas in 2007, lying to a U.S. Customs and Border Protection officer and falsely claiming to be a U.S. citizen to gain entry, as CNN reported.
DHS Secretary Markwayne Mullin emphasized the administration’s position in a statement: “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. Thanks to the hard work of the men and women of the Coast Guard, ICE, and our federal, state, and local partners, this criminal is off our streets and out of our waterways. Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country.”
Hernandez-Umana remains in ICE custody while awaiting trial and will be subject to removal proceedings after the conclusion of his criminal case, according to DHS. His attorney, Amy Gallicchio of Federal Defenders of New York, declined to comment on his detainment, as Newsday reported.
Illegal Charter Operations Under Scrutiny
The case has drawn renewed attention to illegal charter operations in New York Harbor. Federal regulations generally require more credentials and inspections for boats carrying more than six passengers for hire. The Coast Guard defines an illegal charter as any passenger-for-hire vessel operation that lacks Coast Guard credentials, safety equipment, and inspection certificates.
Hernandez-Umana was operating through a tour operations company that advertises itself online as a “luxury provider of limousine and rental yacht services.” He began with the company as a limo driver and had piloted boat tours around New York Harbor at least twice before the deadly voyage, according to court papers. He had borrowed a friend’s smaller boat for the outing because his own vessel was undergoing repairs.
“Illegal charter operations gamble with human life, and in this case, the alleged conduct led to an unthinkable tragedy,” said CGIS Assistant Director Josh Packer. “As the Coast Guard’s criminal investigative agency, CGIS brings unmatched maritime subject-matter expertise coupled with federal law enforcement authority.”
U.S. Attorney Jamie McDonald echoed that sentiment: “Federal regulations and maritime safety protocols exist to protect the lives and wellbeing of passengers on commercial vessels. 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.”
What’s Next
Hernandez-Umana faces a dual legal path: criminal prosecution in federal court for the two deaths, and immigration removal proceedings once the criminal case concludes. The case also highlights broader questions about enforcement of maritime safety regulations for for-hire vessels and the risks posed by unlicensed charter operations in busy waterways like New York Harbor.
As the investigation continues, authorities are urging the public to report illegal passenger charters and to observe all safety protocols for commercial vessels. The tragedy has left a Queens family mourning the loss of a young mother and her infant daughter—a reminder of the devastating consequences that can follow when safety regulations are ignored.