Lawyers for Rigoberto Hernandez Hernandez, a firefighter from Oregon, have filed a federal petition seeking his release from an immigration detention facility. Hernandez was taken into custody by U.S. Border Patrol while he was actively fighting a wildfire in the Olympic National Forest on August 27.
Part of a 44-person crew combating one of Washington state's largest blazes, the Bear Gulch Fire, Hernandez’s arrest has raised significant legal and ethical concerns. According to his legal team at the Innovation Law Lab, the detention not only constitutes an illegal act but also violates Department of Homeland Security guidelines that prohibit immigration enforcement during emergency responses.
The U.S. Border Patrol claimed that Hernandez and another contracted worker were in the U.S. illegally, prompting their detention. However, no details have been released regarding the investigation into the contractors employing the two men.
The Bear Gulch Fire, which has burned approximately 29 square miles and is currently only 9% contained, needed all hands on deck, including skilled firefighters like Hernandez who had previously worked for three seasons managing wildfires.
Lawyer Rodrigo Fernandez-Ortega highlighted that a habeas corpus petition filed by the defense is aiming for swift judicial intervention to release Hernandez from the Northwest ICE detention center in Tacoma, Washington.
Furthermore, Assistant Secretary of Homeland Security Tricia McLaughlin mentioned that the detained men were not actually working as firefighters, but rather supporting roles like cutting logs for firewood. However, Hernandez’s legal representatives argue that his contribution is crucial to firefighting efforts.
Since his detention, Hernandez’s family has experienced distress, especially as his legal team was unable to locate him for a period of 48 hours. The 23-year-old son of migrant farmworkers has been waiting for a decision on his U-Visa application, which he submitted in 2018 after receiving the necessary certification from the U.S. Attorney’s Office. His attorneys assert that he should be free during this process.
