Lawyers for firefighter ask judge to order his release from ICE facility

Attorneys representing an Oregon firefighter, who was detained by U.S. Border Patrol agents while battling a wildfire in Washington State, submitted a request to a federal court on Friday. They are asking a judge to mandate his release from an immigration detention center.

The individual, Rigoberto Hernandez Hernandez, along with another firefighter, was part of a 44-member team combating a fire in the Olympic National Forest on August 27 when they were apprehended as part of a larger criminal inquiry into the contractors employing them.

During a press briefing, attorneys from Innovation Law Lab declared that his detention was unlawful, contravening U.S. Department of Homeland Security policies that prohibit immigration enforcement at sites where emergency services are being provided.

The Bear Gulch Fire, one of the largest in the state, had burned 29 square miles (75 square kilometers) by Friday and was 9% contained.

The Border Patrol indicated at that time that the two workers were unlawfully present in the U.S., leading to their detention. However, federal officials did not disclose any details about the investigation concerning the contractors.

Attorney Rodrigo Fernandez-Ortega announced they had lodged a habeas corpus petition and a request for a temporary restraining order, aiming for the man’s release from the Northwest ICE detention facility located in Tacoma, Washington.

Via an email to The Associated Press, Homeland Security Assistant Secretary Tricia McLaughlin clarified that the two detained individuals were not serving as firefighters; instead, they supported operations by converting logs into firewood.

“The firefighting response remained uninterrupted the entire time,” she said. “U.S. Border Patrol’s actions did not prevent or interfere with any personnel actively engaged in firefighting efforts.” A spokesperson for the Border Patrol declined to comment, saying they don’t comment on active or pending litigation.

After Hernandez was taken into custody in August, his lawyers were unable to locate him for 48 hours, which caused distress for his family, Fernandez-Ortega said. He has been in the Tacoma facility ever since, they said.

Hernandez, 23, was the son of migrant farmworkers, his lawyer said. He was raised in Oregon, Washington and California as they traveled for work. He moved to Oregon three years ago and began working as a wildland firefighter.

This was his third season working as a wildland firefighter, “doing the grueling and dangerous job of cutting down trees and clearing vegetation to manage the spread of wildfires and to protect homes, communities, and resources,” his lawyer said.

Hernandez had received a U-Visa certification from the U.S. Attorney’s Office in Oregon in 2017 and submitted his U-Visa application with the U.S. Citizenship and Immigration Services the following year. The U-Visa program was established by Congress to protect victims of serious crimes who assist federal investigators.

He has been waiting since 2018 for the immigration agency to decide on his application and should be free during the process, his lawyers said.

You May Also Like
Gallagher Way in Wrigleyville, Chicago hosts free tennis event before Wimbledon 2026 kicks off in London

Gallagher Way in Chicago’s Wrigleyville to Host Free Tennis Event Ahead of Wimbledon 2026

CHICAGO (WLS) — Tennis fans of all ages gathered at Gallagher Way…
Chicago shootings this weekend: At least 10 shot, 2 fatally, in gun violence across city, police department says

Joliet Police Chase Ends in Violent Black Road and Larkin Avenue Crash, Hospitalizing Four

JOLIET, Ill. (WLS) — Four people were taken to hospitals after a…
Mystery as US Marine vanishes off massive ship off California coast

U.S. Marine Missing After Disappearing From Ship Off California Coast

A U.S. Marine is missing after disappearing from an amphibious Navy vessel…
Jacob Frey praises Somali community as Minnesota faces renewed scrutiny over fraud investigations

Jacob Frey Defends Minnesota’s Somali Community Amid Renewed Fraud Investigation Scrutiny

Minneapolis Mayor Jacob Frey addressed members of the city’s Somali community over…
3 firefighters killed, 2 injured fighting wildfires near Colorado-Utah border

Colorado-Utah Border Wildfires Turn Deadly as 3 Firefighters Are Killed, 2 Injured

Three firefighters were killed and two others were hurt while battling wildfires…
Chicago heat wave: Chicago weather tomorrow includes Extreme Heat Warning, Heat Advisory for high heat index values

Chicago Heat Wave: Extreme Heat Warning and Heat Advisory in Effect Tomorrow as Heat Index Climbs

CHICAGO (WLS) — Chicago is bracing for a stretch of dangerous heat…
Texas sisters charged with stabbing mom of 5 to death

Texas Sisters Charged in Fatal Stabbing of Mother of Five

Three women, including two sisters, have been accused in the fatal stabbing…
Dangerous chemicals, 55-gallon drum, note mentioning Ted Bundy found at home of Philadelphia felon linked to 2 missing women

Dangerous Chemicals and Ted Bundy Note Found at Philadelphia Felon’s Home Linked to Missing Women

A Philadelphia felon under investigation for possible connections to at least two…
Grand Theft Auto VI fans rage over 'greedy' paywalls, $100 price tag for new game

GTA 6 Backlash Erupts as Fans Slam Rumored $100 Price Tag and Greedy Paywalls

Now that’s Grand Theft, indeed. Grand Theft Auto fans are blasting what…
Shipping giant warns Strait of Hormuz chaos is 'new normal' as Tehran shifts 4M barrels

Shipping Giant Warns Strait of Hormuz Disruption Is New Normal as Iran Shifts 4M Barrels

Ceasefire between US and Iran being tested Fox News anchor Shannon Bream…
1 dead, 14 injured in Santa Barbara Wine Country crash

Fatal Santa Barbara Wine Country Crash Leaves 1 Dead, 14 Injured

At least one person was killed and 14 others were hurt early…
Lawsuit filed after tree dubbed 'Widow Maker' fatally crushes man at Texas BBQ restaurant

Texas BBQ Restaurant Faces Lawsuit Over Widow Maker Tree That Crushed Man to Death

British fan praises American hospitality and food, recommends visiting Texas British World…