The captain of an illegal charter boat that capsized in New York Harbor, killing a 27-year-old mother and her five-month-old daughter, is now being held in federal immigration custody as he faces criminal charges over the deadly voyage.
Federal authorities say Manuel Hernandez, 46, is a Salvadoran national who was living in the United States illegally and did not have a boating license when the overloaded 21-foot vessel overturned near Liberty Island on August 8.
Sara Sanchez and her baby daughter, Antonella Garcia, died after being thrown into the water.
Hernandez taken into ICE custody
Hernandez was initially arrested and charged in federal court with two counts of misconduct and neglect of a ship officer resulting in death.
He was released on $50,000 bail in the criminal case, but a subsequent investigation by the U.S. Coast Guard Investigative Service determined that he was in the country illegally.
Immigration and Customs Enforcement then took Hernandez into custody.
He is now being held without bail by immigration authorities while the criminal case proceeds.
Department of Homeland Security Secretary Markwayne Mullin said Hernandez had been operating unlicensed boat tours in New York Harbor when the vessel capsized.
Mullin credited the Coast Guard, ICE and federal, state and local authorities for taking Hernandez into custody, adding that the government intends to remove him from the United States after he faces the criminal case against him.
Federal authorities detail his immigration history
According to federal authorities, Hernandez entered the United States through the southern border in Texas in 2007.
Officials allege that he falsely told a border agent that he was an American citizen while crossing into the country.
Authorities say he remained in the United States illegally in the years that followed.
14 passengers were aboard the 21-foot boat
Federal prosecutors allege that Hernandez was operating the vessel during a birthday celebration near Liberty Island when the tragedy occurred.
There were 14 passengers aboard the 21-foot boat.
Investigators said a vessel of that size would typically be expected to carry no more than 10 people, meaning the boat was overloaded when it headed into New York Harbor.
Authorities also discovered that the vessel did not have life jackets specifically designed for children or infants.
Investigators allege that Hernandez had told passengers they were not required to wear them.
During the trip, Hernandez reportedly turned the boat and accelerated as it encountered a swell.
The vessel then capsized, throwing everyone aboard into the harbor.
Mother and five-month-old daughter could not be saved
Other vessels quickly responded after the boat overturned.
Survivors were pulled from the water with assistance from another charter boat as well as NYPD, FDNY and Coast Guard crews.
Sara Sanchez and her five-month-old daughter Antonella Garcia, however, could not be saved.
Sanchez was the wife of Andres Garcia.
The deaths transformed what had been intended as a birthday cruise near one of New York City’s most recognizable landmarks into a devastating family tragedy.
Hernandez was hired as a limo driver
Authorities said Hernandez had originally been employed by the tour operator as a limousine driver rather than as a boat captain.
Despite that role, investigators allege that he periodically operated charter cruises in New York Harbor.
Federal authorities say Hernandez was neither licensed nor properly trained to captain the vessel.
The Coast Guard has been investigating whether illegal charter operations were being conducted.
Coast Guard investigator Josh Packer warned about the dangers posed by unauthorized charter operations, saying they put human lives at risk and that the alleged conduct in this case resulted in an unimaginable tragedy.
Hernandez remains in federal immigration custody while the criminal proceedings against him continue.