Homeland Security Secretary Markwayne Mullin said they would ensure the swift deportation of Manuel Ernesto Hernandez-Umana, the defendant in the Aug. 8 boat crash in New York Harbor that killed two people, after the judicial process is completed.
Hernandez, 46, who lives in Manville, New Jersey, faces two separate charges over the incident that ended when the boat sank near Liberty Island. Sara Sanchez and her 5-month-old daughter, Antonella Garcia, died at a hospital in Brooklyn, where they had been taken after the crash.
Hernandez released on $50,000 bail
Hernandez is accused of culpable conduct and negligence by the vessel operator in the incident that resulted in the deaths. He was released on $50,000 bail after a hearing on Aug. 10 and was not required to enter a plea at that stage.
The Department of Homeland Security said Hernandez entered the United States illegally through Texas in 2007 and identified himself to a Customs and Border Protection officer as a US citizen.
Fourteen passengers were on board
The federal criminal complaint alleges that Hernandez used an unregistered boat without the certification required to carry passengers for payment. The boat had a capacity of 10 people but was carrying 14 passengers, and had no life jackets or suitable flotation equipment for infants.
Hernandez allegedly used a friend's boat because his own was being repaired. Before the tour began, the baby's family said there was no life jacket for the child. Hernandez also said there was no such equipment on board and suggested that one of the parents wear a life jacket while holding the baby; Sanchez reportedly followed the suggestion.
Boat capsized on the return journey
After the boat had traveled for about 20 minutes near the Statue of Liberty, Hernandez turned back. The boat then entered a swell, capsized and threw the passengers into the water.
Hernandez and 11 passengers were rescued, while Sanchez and her daughter Antonella Garcia were unresponsive when they were pulled from the water. Both died at the Brooklyn hospital to which they were taken.
Police Commissioner Jessica Tisch said, based on the allegations in the criminal complaint, that Hernandez had disregarded passenger safety while operating an unlicensed boat carrying more passengers than its capacity.
