SEATTLE — Attorneys representing an Oregon firefighter who was detained by U.S. Border Patrol agents while fighting a wildfire in Washington state have submitted a petition in federal court on Friday, seeking to secure his release from an immigration detention center.
The Oregon resident, Rigoberto Hernandez Hernandez, along with another firefighter, was part of a 44-member team responding to a blaze in the Olympic National Forest on August 27 when they were detained by agents during a multi-agency criminal probe targeting the contractors employing the men.
During a press briefing, representatives from the Innovation Law Lab claimed that the arrest was unlawful and breached the U.S. Department of Homeland Security’s policies, which stipulate that immigration enforcement actions should not be carried out at sites engaged in emergency response operations.
The Bear Gulch Fire, one of the largest in the state, had burned 29 square miles by Friday and was 9% contained.
The Border Patrol asserted that the two individuals were in the U.S. illegally, which led to their detention. Federal officials have not disclosed details concerning the investigation into the contractors.
Attorney Rodrigo Fernandez-Ortega stated that they’ve submitted a petition for habeas corpus and a motion for a temporary restraining order aiming for the individual’s release from the Northwest ICE detention center in Tacoma, Washington.
Tricia McLaughlin, Homeland Security Assistant Secretary for Public Affairs, conveyed in an email to The Associated Press that the two men were not firefighters but were involved in support functions, specifically cutting 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.
Six Democratic Oregon Congressional leaders sent a press release late Friday calling on the release of the firefighter. “It’s outrageous for the Trump Administration to trample on the due process rights of emergency responders who put their lives on the line to protect Oregonians’ safety,” said Sen. Ron Wyden. Sen. Jeff Merkley and four representatives said the arrests put communities in danger and stoke fear.
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.
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