NY Boat Skipper Charged, Then Arrested by ICE

Fatal Capsizing in New York Harbor

A freelance boat operator facing federal manslaughter charges over a deadly capsizing in New York Harbor has now been taken into custody by U.S. Immigration and Customs Enforcement. According to a report by The Maritime Executive, Manuel Ernesto Hernandez-Umana, 46, was re-arrested by ICE shortly after posting bail on charges related to the deaths of a female passenger and her infant child.

Hernandez was allegedly at the helm of an unregistered Yamaha speedboat operating as a for-hire tour vessel in the harbor on August 8. Coast Guard investigators found that the boat was carrying 13 paying passengers despite a rated maximum capacity of just 10. It also lacked a Certificate of Inspection for commercial passenger operations, and investigators noted it would not have satisfied COI standards even if the operator had sought one.

Licensing and Safety Gaps

Hernandez reportedly held none of the required credentials to legally carry passengers for hire — neither a basic six-pack license nor the higher-tier license needed for vessels carrying seven or more passengers. Compounding the risk, the boat had no infant-sized personal flotation device aboard despite carrying a five-month-old child. Charging documents allege Hernandez told the infant’s mother to simply hold the child throughout the trip instead of using a properly sized PFD.

The voyage, for which Hernandez allegedly charged passengers a combined $1,800, departed around 7:00 p.m. and continued for several hours around the harbor. Near the Statue of Liberty at approximately 10:20 p.m., the vessel attempted a U-turn and was struck by a swell — possibly generated by another vessel’s wake — that swamped the bow and caused an immediate capsize. All 14 people aboard were thrown overboard. A rapid, multi-agency response involving good Samaritan boats and patrol vessels rescued 12 people, including Hernandez, but the mother and her infant were pronounced dead at a hospital.

Federal Charges and Immigration Action

On August 10, Hernandez was charged with two counts of seaman’s manslaughter under federal law covering misconduct or neglect by a ship’s officer resulting in death. U.S. Attorney Jamie McDonald said federal maritime safety rules exist specifically to protect passengers, stating that the operator ignored licensing requirements, overloaded the vessel, and took on an infant without the mandated safety equipment.

After Hernandez posted bail on the criminal charges, ICE arrested him separately over allegations of illegal entry into the United States. The Department of Homeland Security says he crossed the Texas border in 2007 and misrepresented his citizenship status to enter the country. DHS Secretary Markwayne Mullin said the agency would ensure his removal from the country once the criminal case concludes.

What This Means for Passenger Vessel Operators

This case is a stark illustration of how quickly unregulated for-hire boat operations can turn fatal. An unlicensed operator, an uninspected vessel, overcrowding beyond rated capacity, and missing safety equipment for a vulnerable passenger all combined in a single voyage. For legitimate tour operators, ferry companies, and charter businesses, the incident underscores why COI compliance, occupancy limits, and proper PFD provisioning are not bureaucratic formalities but frontline defenses against catastrophic outcomes.

For vessel owners and managers, the case also highlights the value of independent condition and safety verification before a vessel enters commercial service — particularly for smaller operators who may lack in-house compliance oversight. Regular third-party inspections can catch capacity mismatches, missing safety equipment, and documentation gaps long before they become the subject of a federal indictment. Charterers and tour-booking platforms relying on freelance operators may also want to reconsider how rigorously they verify licensing and vessel certification before listing a service to the public.

Reviewed by Ibrahim Halil Ceylan, Marine Surveyor at Apeks Marine.