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.
