Oregon Firefighter Seeks Release from ICE Detention After Arrest During Wildfire Response

Mon Sep 29 2025 07:57:06 GMT+0300 (Eastern European Summer Time)

Rigoberto Hernandez Hernandez, an Oregon firefighter, is seeking release from immigration detention following his arrest by U.S. Border Patrol agents while combating a wildfire in Washington state. His lawyers argue the arrest violates DHS policies regarding emergency response.

Rigoberto Hernandez Hernandez, part of a firefighting crew in Washington's Olympic National Forest, was detained by Border Patrol agents during a wildfire response. His lawyers have filed a federal petition for his release, arguing the arrest contravenes Department of Homeland Security policies. Hernandez, a U-Visa applicant since 2018, has been in custody since his arrest on August 27, prompting concerns about his wellbeing and the legality of the detention.

Lawyers for Rigoberto Hernandez Hernandez, a 23-year-old Oregon firefighter, filed a petition in federal court seeking his release from an immigration detention facility after his arrest by U.S. Border Patrol while responding to a wildfire in Washington state.

Hernandez and another firefighter were part of a 44-person crew battling the Bear Gulch Fire on August 27 when they were detained during a criminal investigation involving their contractors.

The Innovation Law Lab, representing Hernandez, claims his arrest was illegal and violated U.S. Department of Homeland Security policies intended to protect emergency responders. They held a press conference to highlight the situation.

As of Friday, the Bear Gulch Fire was one of the largest in Washington state, having scorched 29 square miles and was only 9% contained.

Upon their detention, Border Patrol agents reported that the two firefighters were in the U.S. illegally. However, details regarding the investigation into the contractors remained undisclosed by federal authorities.

In response to the detention, lawyer Rodrigo Fernandez-Ortega filed a petition for habeas corpus and a motion for a temporary restraining order to secure Hernandez's release from the Northwest ICE detention center in Tacoma, Washington.

Homeland Security Assistant Secretary Tricia McLaughlin stated in an email that the detained individuals were not engaging in firefighting activities but were performing support roles, including cutting firewood.

Despite these claims, Fernandez-Ortega maintained that the arrest should not have occurred amidst emergency firefighting efforts, insisting that the firefighting response remained uninterrupted.

Since his arrest, Hernandez's family experienced stress when they were unable to locate him for 48 hours. His detention has raised concerns about the legality and ethics surrounding the arrest of first responders.

Hernandez has a background as the son of migrant farmworkers and has been actively engaged as a wildland firefighter for three seasons. He has applied for a U-Visa since 2018 to protect victims of serious crimes who assist in federal investigations, and his lawyers argue he should be afforded freedom during the application process.