Lawyers seek release of Oregon firefighter detained by ICE during wildfire response
Petition argues DHS policy bars immigration enforcement at active emergency scenes as a wildfire rages in Olympic National Forest
Lawyers for Rigoberto Hernandez Hernandez, an Oregon wildland firefighter, filed a federal court petition Friday seeking his release from a Northwest ICE detention facility, arguing that his detention during a wildfire response violates federal policies that discourage immigration enforcement at emergency scenes.
Hernandez Hernandez and one other firefighter were part of a 44-person crew battling a blaze in Olympic National Forest on Aug. 27 when Border Patrol agents took them into custody as part of a multiagency criminal investigation into the two contractors for whom the men were employed. The Bear Gulch Fire, one of the state's largest, had burned 29 square miles (75 square kilometers) and was 9% contained by Friday, according to firefighting officials.
The Border Patrol said the two workers were in the United States illegally and therefore detained. Federal authorities have not provided details about the investigation into the contractors. In the filing, Hernandez Hernandez’s lawyers sought a writ of habeas corpus and a temporary restraining order to secure his release from the Northwest ICE detention center in Tacoma, Wash.
Homeland Security Assistant Secretary Tricia McLaughlin said in a communication to The Associated Press that the two men were not firefighters but rather worked in a support role cutting logs into firewood. She added that the firefighting response remained uninterrupted and that Border Patrol’s actions did not interfere with personnel actively engaged in firefighting efforts. A Border Patrol spokesperson declined to comment on active or pending litigation.
After Hernandez Hernandez was taken into custody in August, his lawyers were unable to locate him for about 48 hours, they said, and he has remained in the Tacoma facility since then. Hernandez Hernandez, 23, is the son of migrant farmworkers who moved among Oregon, Washington and California as his family sought work. He moved to Oregon three years ago and began working as a wildland firefighter, now in his third season of grueling and dangerous work that includes cutting down trees and clearing vegetation to manage wildfire spread and protect homes, communities and resources, according to his attorney.
Hernandez Hernandez previously received a U-Visa certification from the U.S. Attorney’s Office in Oregon in 2017 and submitted a U-Visa application to the U.S. Citizenship and Immigration Services the following year. The U-Visa program was created by Congress to protect victims of serious crimes who assist federal investigators. He has waited since 2018 for a decision on his application, and his lawyers say he should be free to remain in the country during the processing period.
The petition underscores a broader question raised by the case: whether immigration enforcement actions can occur at emergency-response scenes, potentially affecting the safety and effectiveness of responders. The lawyers argue that detaining Hernandez Hernandez while he was assisting in a wildfire response undermines the goals of public safety during a natural-disaster crisis. The outcome of the petition could influence how similar enforcement actions are handled when responders are on the ground during ongoing emergencies.
As the Bear Gulch Fire continued to threaten communities near Olympic National Forest, federal authorities have provided limited public detail about the underlying investigation into the contractors, leaving the exact charges and status of the case unclear. The fire’s footprint and containment progress remain a backdrop to the legal battle over Hernandez Hernandez’s detention, illustrating the friction that can arise when immigration enforcement intersects with disaster response and emergency services.
The filing also highlights Hernandez Hernandez’s personal history and immigration-court trajectory. The firefighter’s background—growing up the son of migrant farmworkers, moving among several states, and building a career in wildland firefighting—is cited by his lawyers as compelling reasons for his temporary release while his U-Visa case proceeds, given his long-standing eligibility and the time elapsed since the initial certification.
While the legal dispute unfolds, authorities have continued to focus resources on combating the wildfire threatening communities and natural resources in Olympic National Forest. The case is being watched not only for its immediate legal implications but also for how immigration policies intersect with public-safety operations during times of crisis.