In brief
Rigoberto Hernandez Hernandez, an Oregon firefighter, was detained by US Customs and Border Protection while combating a wildfire in the Olympic National Forest. His legal team argues the detention was unlawful and seeks his release from the Northwest ICE detention facility. The case raises questions about immigration enforcement during emergency responses, and Hernandez's lawyers highlight his longstanding U-Visa application as a factor supporting his release.
Lawyers for an Oregon firefighter currently held by U.S. Border Patrol agents filed a petition in federal court, urging a judge to order his release from an immigration detention facility. The firefighter, Rigoberto Hernandez Hernandez, was apprehended on August 27 while fighting a wildfire in the Olympic National Forest alongside a 44-person crew.
According to his legal team from Innovation Law Lab, Hernandez's arrest was illegal, violating Homeland Security guidelines that prohibit immigration enforcement at emergency response locations. The situation unfolded amidst the Bear Gulch Fire, which has significantly impacted the region, burning over 29 square miles and remaining only 9% contained as of last Friday.
The Border Patrol justified their actions by claiming both Hernandez and a colleague were in the U.S. illegally, although details regarding the ongoing investigation into their contractors were not disclosed. During a press conference, Hernandez’s lawyer, Rodrigo Fernandez-Ortega, stated that they are seeking a habeas corpus petition and a motion for a temporary restraining order to secure his release from the Northwest ICE detention center in Tacoma, Washington.
Federal officials have maintained that Hernandez was not engaged directly in firefighting, but rather in auxiliary activities such as cutting logs. Assistant Secretary of Homeland Security Tricia McLaughlin indicated that the firefighting response remained uninterrupted, implying no impact from Border Patrol's actions.
After being detained, Hernandez was not located for 48 hours, causing considerable distress to his family. He has been in the Tacoma facility since and was cited as having begun his career as a wildland firefighter three years ago. Raised by migrant farmworkers and a U-Visa recipient awaiting application approval since 2018, Hernandez’s case highlights the intersection of immigration policy and emergency response efforts.
Lawyers continue to advocate for Hernandez's release, emphasizing his commitment to protecting communities from wildfires during his career.
