In a concerning incident that intertwines immigration enforcement with emergency response, Oregon firefighter Rigoberto Hernandez Hernandez was taken into custody by U.S. Border Patrol while actively combating the Bear Gulch Fire in Washington state on August 27. The detention occurred amidst a broader investigation concerning the contractors employing Hernandez and another firefighter, igniting a legal battle over his status and rights.
Hernandez's legal representatives from the Innovation Law Lab filed a petition for habeas corpus and a motion for a temporary restraining order, arguing that his arrest violated U.S. Department of Homeland Security policies, which prohibit immigration enforcement activities during emergency response efforts.
Attending a press conference, attorney Rodrigo Fernandez-Ortega emphasized the emotional strain on Hernandez's family, particularly during the initial 48 hours following his arrest when lawyers struggled to locate him. The firefighting response remained uninterrupted the entire time, said Homeland Security Assistant Secretary Tricia McLaughlin, who asserted that Hernandez was engaged in a supportive role during the firefighting effort, contrary to claims of him being in active service.
The Bear Gulch Fire has emerged as one of Washington's largest wildfires, consuming approximately 29 square miles and only 9% contained as of the latest reports. Hernandez, a third-year wildland firefighter, dedicated his efforts to cutting trees and clearing vegetation, vital tasks in managing wildfire risks to communities and resources in the area.
Raised in a family of migrant workers, Hernandez has been waiting for a decision on his U-Visa application since 2019. Lawyers argue he should not face detention while awaiting his immigration decision, highlighting the need for policy reform to prevent such detentions in emergency situations.
