Lawyers for Rigoberto Hernandez Hernandez, an Oregon firefighter detained by U.S. Border Patrol agents while battling a wildfire, filed a petition in federal court requesting his release from an immigration detention facility. The incident occurred on August 27 while Hernandez was part of a firefighting crew in the Olympic National Forest.
Hernandez and another firefighter were apprehended during a multi-agency investigation into their contractors. His attorneys contend that the arrest violated Department of Homeland Security policies that prohibit immigration enforcement at emergency response sites.
The Bear Gulch Fire, which was one of Washington's largest wildfires, had consumed 29 square miles by the time of Hernandez's detention, prompting concerns regarding public safety in light of the current emergency.
The Border Patrol claimed Hernandez and his colleague were in the U.S. illegally but did not disclose details about the contractors involved. A lawyer for Hernandez has characterized the detention as illegal.
In a response to inquiries, Homeland Security Assistant Secretary Tricia McLaughlin stated that the detained men were not actual firefighters but were instead cutting logs into firewood as part of a support role, claiming that firefighting efforts were not disrupted.
Hernandez's attorneys filed a habeas corpus petition and sought a temporary restraining order to facilitate his release from the Northwest ICE detention center in Tacoma, Washington. They highlighted that Hernandez, a son of migrant farmworkers, had been under immigration review since 2018 for his U-Visa application.
His case raises significant questions about the balance between immigration enforcement and emergency response, as Hernandez's detention has occurred amidst critical firefighting operations.
