US to deport captain of boat that capsized in New York, killing woman, her baby

The US plans to deport a New Jersey man accused of illegally operating a boat that capsized in New York Harbor on Aug. 8, killing a woman and her 5-month-old daughter.

Manuel Ernesto Hernandez-Umana, 46, entered the US illegally through Texas in 2007 after falsely claiming to be a US citizen to a Customs and Border Protection officer, the Department of Homeland Security said in a statement on Wednesday.

Hernandez, of Manville, New Jersey, faces two counts of misconduct and neglect of a ship officer resulting in death after the boat capsized near Liberty Island on Aug. 8. Sara Sanchez, 27, and her 5-month-old daughter, Antonella Garcia, were killed.

Hernandez was released on a $50,000-bail after an Aug. 10 hearing and was not required to enter a plea.

"Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country," Homeland Security Secretary Markwayne Mullin said.

According to a federal criminal complaint, Hernandez was operating an unregistered boat without the required certification to carry paying passengers.

The vessel also lacked flotation devices for infants and carried 14 people despite having a maximum capacity of 10.

Hernandez allegedly used a friend's boat because his own needed repairs. Before the tour, the baby's parents told him they lacked an infant flotation device.

Hernandez reportedly said the boat did not have one either, suggesting one parent wear a flotation device while holding the baby. Sanchez did so.

About 20 minutes into the tour near the Statue of Liberty, Hernandez made a U-turn that sent the boat into a swell, causing it to capsize and throwing everyone overboard.

Hernandez and 11 passengers were rescued. Sanchez and her daughter, Antonella Garcia, were unresponsive when recovered and were pronounced dead at a Brooklyn hospital.

"As alleged in the complaint, Manuel Hernandez showed a complete disregard for the safety of his passengers when he piloted an over-capacity boat without a license that capsized in the New York Harbor," Police Commissioner Jessica Tisch said.