Lawyers for an Oregon firefighter, Rigoberto Hernandez Hernandez, have filed a petition in federal court seeking his release from an immigration detention facility. Hernandez was taken into custody by U.S. Border Patrol agents while he was fighting a wildfire in Washington State on August 27.
As part of a 44-person crew combating the Bear Gulch Fire in the Olympic National Forest, Hernandez and another firefighter were apprehended during a multiagency criminal investigation into the contractors for whom they were employed. His legal team argued that his arrest was illegal, violating the U.S. Department of Homeland Security's policies that prohibit immigration enforcement at emergency response sites.
The Bear Gulch Fire, which has burned 29 square miles, was reported to be just 9% contained as of Friday. Federal authorities stated that both workers were in the U.S. illegally, though they did not provide additional information on the investigation into the contractors. Hernandez's attorney, Rodrigo Fernandez-Ortega, noted that Homeland Security Assistant Secretary Tricia McLaughlin asserted the detained men were not firefighters but were in support roles.
The petition for habeas corpus and a temporary restraining order aims for Hernandez's release from the Northwest ICE detention center in Tacoma, where he has been held for weeks. His family reported being distressed after Hernandez was unaccounted for 48 hours post-arrest.
Hernandez, who is the son of migrant farmworkers, began working as a wildland firefighter three years ago. He received U-Visa certification in 2017 and has been waiting on his application since then, despite the program’s intent to protect victims of serious crimes while assisting federal investigators.
