ICE Arrests Boat Captain After Harbor Deaths, Plans Deportation
A boat capsized near the Statue of Liberty on August 8, killing a mother and her infant daughter. The boat's operator now faces criminal charges — and ICE has arrested him separately, with DHS announcing plans to deport him once the criminal case ends. The case shows how quickly an arrest can open a second front in immigration court.
What happens when someone faces both criminal charges and an ICE detainer at the same time? That is exactly the situation unfolding right now in New York — and it shows how a criminal case and a deportation case can run on two separate tracks simultaneously.
On August 8, 2026, a boat capsized near the Statue of Liberty in New York Harbor. Two people died: Sara Sanchez, 27, and her five-month-old daughter, Antonella. The boat's operator, Manuel Ernesto Hernandez-Umana, 46, was charged by New York authorities with two counts of misconduct and neglect of a ship officer resulting in death. ICE then arrested him separately. The Department of Homeland Security announced that a US Coast Guard investigation found Hernandez-Umana had entered the country illegally. DHS also said he falsely told a border patrol officer in 2007 — after crossing from Mexico into Texas — that he was a US citizen. He is from El Salvador.
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DHS Secretary Markwayne Mullin said in a statement: "Once he faces justice for his crimes, we will make sure that he is swiftly removed from our country." DHS confirmed that deportation proceedings will begin after the criminal case concludes. This case is unfolding as the Trump administration continues a broad immigration enforcement push. Federal agents have carried out large-scale arrests across New York and New Jersey in recent months, with operations disproportionately targeting people from Latin American countries. According to figures released last month, the administration has deported more than 590,600 people since January 2025.
What this means for immigrants with criminal charges
This case is a clear example of how a criminal arrest — even before any conviction — can trigger ICE involvement and removal proceedings. An ICE detainer can be placed on someone the moment federal agents identify them as undocumented, regardless of whether the criminal case is still pending. The two processes — criminal court and immigration court — move independently. A person can be held by ICE even while awaiting trial on separate charges.
What to do
- If you or someone you know has been arrested and you are worried about ICE involvement, contact an immigration lawyer immediately — criminal defense attorneys and immigration attorneys handle different parts of the case, and you may need both.
- Know your rights: you have the right to remain silent with both police and ICE agents. You do not have to answer questions about your immigration status without an attorney present.
- If ICE places a detainer on you, you have the right to a bond hearing in immigration court. Lawyers recommend requesting this hearing as soon as possible through your attorney.
- Check whether your country of origin has a consulate in your area — consular notification is a right under international law, and consulates can sometimes help connect detained nationals with legal resources.
A full breakdown of this topic — in our guide “Bond Hearing: How to Get Released”.
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When ICE files a detainer alongside criminal charges, the person faces two separate legal battles with two different timelines. In immigration court, you have the right to request a bond hearing and to present any available relief — such as withholding of removal or protection under the Convention Against Torture — even if you entered the country illegally. Lying to a federal officer at the border, as alleged here, is a serious aggravating factor that immigration judges weigh heavily. Anyone in a similar situation should consult an immigration attorney before making any statements to either law enforcement or immigration officials.
Frequently Asked Questions
Can ICE arrest someone who is already facing criminal charges?
Yes. ICE can place a detainer on someone as soon as federal agents determine that person may be in the country illegally — even if a criminal case is still pending. The criminal case and the immigration case run on separate tracks.
Does a criminal conviction have to happen before deportation proceedings start?
No. ICE can begin removal proceedings at any point. In this case, DHS said deportation will happen after the criminal case ends, but that is a policy choice — not a legal requirement. Removal proceedings can start before, during, or after a criminal trial.
What happens if someone lied to a border patrol officer about being a US citizen?
Falsely claiming US citizenship to a federal officer is a serious immigration violation. It can permanently bar a person from most forms of immigration relief, including green cards and visas. Immigration judges treat it as a significant negative factor in any removal case.
Do I have any rights if ICE arrests me?
Yes. You have the right to remain silent and the right to speak with an attorney. You also have the right to a bond hearing in immigration court, where a judge decides whether you can be released while your case continues. You do not have to answer questions about your immigration status without a lawyer present.