Unlicensed Boat Tour Operator Kills Mother and Baby Near Statue of Liberty, Faces Federal Charges

A Birthday Trip Turns Fatal on New York Harbor

The boat ride was part of a birthday celebration. Instead, it became a tragedy. On August 8, 2026, a vessel piloted by Manuel Ernesto Hernandez-Umana, an illegal alien from El Salvador, capsized in New York Harbor. The accident resulted in the deaths of a 27-year-old woman and her 5-month-old infant. What investigators uncovered in the days that followed exposed a cascade of reckless decisions — and a man who had no legal right to be operating a boat, or to be in the country at all.

Federal prosecutors said Hernandez was not licensed to carry paying passengers but had 14 people aboard the Yamaha AR210 he was piloting, despite the vessel having a maximum capacity of 10. He also allegedly took the 5-month-old infant aboard without an appropriate life vest. The boat's capsize triggered a fleet of emergency vessels to the open waters between the Statue of Liberty and the Brooklyn shore. Twelve other passengers were rescued from the water before the New York Police Department arrived at the scene. For two of them, it was already too late.

What the Investigation Revealed

Hernandez-Umana had been using the boat to conduct unlicensed tour operations, and the vessel was over capacity at the time of the incident. According to the federal complaint, Hernandez told investigators he did not know that a Merchant Mariner Credential or Coast Guard Certificate of Inspection was required, and also allegedly said the borrowed vessel did not have a capacity placard and that he did not know its maximum capacity. Whether those claims are credible will be for the courts to decide — but federal law is unambiguous on the requirements for anyone operating a passenger-for-hire vessel.

An illegal charter is a passenger-for-hire operation that lacks required Coast Guard credentials, safety equipment, and a certificate of inspection, according to the Coast Guard. Federal rules generally require more credentials and inspections for boats carrying more than six passengers for hire. These aren't obscure regulations. They exist precisely to prevent disasters like this one — and ignoring them cost two people their lives.

Arrest, Charges, and Immigration Custody

Hernandez was initially charged by New York authorities with 13 counts of reckless endangerment and was later federally charged with two counts of misconduct and neglect of a ship officer resulting in death in connection with the August 8 capsizing in New York Harbor. He was not required to enter a plea and was released on $50,000 bail. Then the investigation took another turn.

After an investigation by the Coast Guard Investigative Service confirmed Hernandez-Umana's unlawful presence in the United States, U.S. Immigration and Customs Enforcement's Enforcement and Removal Operations arrested him. Manuel Hernandez, 46, an El Salvador national, was taken into immigration custody after the Coast Guard Investigative Service investigation confirmed he was unlawfully present in the country, according to DHS. DHS Secretary Markwayne Mullin did not mince words, stating that "this criminal illegal alien was illegally and recklessly conducting unlicensed boat tours in New York Harbor," and that "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."

A Preventable Tragedy With Lasting Consequences

"We mourn the tragic drowning deaths of the infant and her mother and urge would-be tour operators and the public to observe all safety protocols for commercial vessels," U.S. Attorney for the Southern District of New York Jamie McDonald said in a statement. As conditions of his earlier release, Hernandez was barred from operating any boats or vessels, required to surrender all travel documents, and prohibited from contacting passengers or anyone associated with the operation. He is now in federal immigration custody as his criminal case proceeds.

This case is a stark reminder of how easily unlicensed, unregulated operations can slip through the cracks — on the water just as much as anywhere else. A mother and her baby girl lost their lives on a summer evening near one of America's most iconic landmarks, on a boat that never should have been carrying them. As federal prosecutors and immigration authorities move forward with their respective cases against Hernandez, the question of accountability — and how to prevent the next illegal charter from ever leaving the dock — will loom large.