Lawyers for Rigoberto Hernandez Hernandez, a 23-year-old firefighter from Oregon, filed a federal petition seeking his release from immigration detention after he was taken into custody by U.S. Border Patrol agents while fighting the Bear Gulch Fire in Washington state.
On August 27, Hernandez and another firefighter were part of a 44-person crew battling a significant wildfire in Olympic National Forest when they were apprehended during a federal investigation targeting their contracting company.
Innovation Law Lab, representing Hernandez, stated that the arrest violated Homeland Security protocols, which prohibit immigration enforcement at emergency response locations. They argue Hernandez's detention is illegal.
As of Friday, the Bear Gulch Fire had burned 29 square miles and was only 9% contained.
While the Border Patrol claims that Hernandez and his colleague were in the U.S. illegally, the details of their investigation remain unclear. Homeland Security’s Assistant Secretary Tricia McLaughlin noted that the detained men were not directly firefighting but were instead involved in support roles like cutting wood for fire breaks.
Despite this, the apprehension has raised alarms in the firefighting community, with concerns about the impact on critical firefighting efforts. Border Patrol declined to comment further due to ongoing litigation.
Hernandez's lawyers filed a habeas corpus petition and a motion for a temporary restraining order on his behalf, seeking immediate release from the Northwest ICE detention center in Tacoma, Washington.
Hernandez, a son of migrant farmworkers, has been working as a wildland firefighter for three seasons and represents a vital workforce in the fight against wildfires. He submitted his U-Visa application to immigration authorities in 2018, hoping for a decision that would allow him to remain in the U.S. legally.
His current detention without resolution of his U-Visa application, which aims to protect victims of serious crimes, has left his family distressed and raises questions about the treatment of immigrant workers in emergency services.
