Lawyers for an Oregon firefighter who was taken into custody by U.S. Border Patrol agents while fighting a wildfire in Washington state filed a petition in federal court requesting his release from an immigration detention facility. Rigoberto Hernandez Hernandez, along with another firefighter, was apprehended as part of a broader investigation into the contractors he worked for while participating in firefighting efforts in the Olympic National Forest.
During a press conference, legal representatives from the Innovation Law Lab argued that Hernandez's arrest was illegal and contradicted the U.S. Department of Homeland Security’s guidelines, which discourage immigration enforcement in areas where emergency responses, like firefighting, are underway. The ongoing Bear Gulch Fire, which has consumed 29 square miles and is currently only 9% contained, precipitated the emergency response.
According to Border Patrol representatives, Hernandez and his colleague were detained after being identified as being in the U.S. illegally. However, the federal authorities have not released any details concerning the investigation into the contractors who employed them.
Lawyer Rodrigo Fernandez-Ortega mentioned that they filed a petition for habeas corpus alongside a motion for a temporary restraining order aimed at securing Hernandez's release from the Northwest ICE detention center in Tacoma, Washington.
Over email, Homeland Security Assistant Secretary Tricia McLaughlin stated that although two men were detained, they were not actual firefighters but were instead engaged in a support capacity, cutting logs into firewood. She noted that the firefighting response was not hampered by U.S. Border Patrol’s actions.
The Border Patrol declined to comment further, citing ongoing litigation. Hernandez's family reported distress from being unable to locate him for 48 hours after his detention.
Hernandez, who was raised by migrant farmworkers and has been working as a wildland firefighter for three seasons, received U-Visa certification from the U.S. Attorney’s Office in 2017. He has submitted his U-Visa application but has been waiting since 2018 for a decision. His legal team insists that he should remain free during the review process.
During a press conference, legal representatives from the Innovation Law Lab argued that Hernandez's arrest was illegal and contradicted the U.S. Department of Homeland Security’s guidelines, which discourage immigration enforcement in areas where emergency responses, like firefighting, are underway. The ongoing Bear Gulch Fire, which has consumed 29 square miles and is currently only 9% contained, precipitated the emergency response.
According to Border Patrol representatives, Hernandez and his colleague were detained after being identified as being in the U.S. illegally. However, the federal authorities have not released any details concerning the investigation into the contractors who employed them.
Lawyer Rodrigo Fernandez-Ortega mentioned that they filed a petition for habeas corpus alongside a motion for a temporary restraining order aimed at securing Hernandez's release from the Northwest ICE detention center in Tacoma, Washington.
Over email, Homeland Security Assistant Secretary Tricia McLaughlin stated that although two men were detained, they were not actual firefighters but were instead engaged in a support capacity, cutting logs into firewood. She noted that the firefighting response was not hampered by U.S. Border Patrol’s actions.
The Border Patrol declined to comment further, citing ongoing litigation. Hernandez's family reported distress from being unable to locate him for 48 hours after his detention.
Hernandez, who was raised by migrant farmworkers and has been working as a wildland firefighter for three seasons, received U-Visa certification from the U.S. Attorney’s Office in 2017. He has submitted his U-Visa application but has been waiting since 2018 for a decision. His legal team insists that he should remain free during the review process.
