Oregon Firefighter Detained by Border Patrol While Fighting Wildfire

Fri Oct 10 2025 19:29:24 GMT+0300 (Eastern European Summer Time)

Rigoberto Hernandez Hernandez, an Oregon firefighter, is detained while combating a wildfire in Washington state. His lawyers argue the arrest was illegal and have filed a petition for his release.

An Oregon firefighter, Rigoberto Hernandez Hernandez, was detained by U.S. Border Patrol while he was part of a firefighting crew managing a wildfire in Washington state. Hernandez's lawyers have filed a federal court petition, claiming that the detention violated federal policies protecting emergency responders. They assert that Hernandez has been in an immigration facility since his arrest and should be released during his pending U-Visa application process, which he has been waiting on since 2018.

Lawyers for an Oregon firefighter who was taken into custody by U.S. Border Patrol agents while fighting a Washington state wildfire filed a petition in federal court Friday asking a judge to order his release from an immigration detention facility.

The Oregon man, Rigoberto Hernandez Hernandez, and one other firefighter were part of a 44-person crew battling a blaze in the Olympic National Forest on Aug. 27 when the agents detained them during a multiagency criminal investigation into their contractors.

Lawyers from the Innovation Law Lab stated at a press conference that his arrest was illegal, arguing it violated U.S. Department of Homeland Security policies that prohibit immigration enforcement at emergency response locations.

The Bear Gulch Fire, now one of the largest in the state, has scorched 29 square miles and is currently 9% contained.

The Border Patrol claimed the two individuals were in the U.S. illegally and thus were detained. Specifics regarding the investigation into the contractors have not been provided.

Following his detention, Hernandez's lawyers filed for habeas corpus and a motion for a temporary restraining order seeking his release from the Northwest ICE detention center in Tacoma, Washington.

Homeland Security Assistant Secretary Tricia McLaughlin commented via email, stating that the two men were not actively fighting fires but were instead helping by cutting logs into firewood. She asserted that the firefighting efforts continued uninterrupted throughout the incident, and U.S. Border Patrol actions did not obstruct active personnel.

After Hernandez was taken into custody in August, there was a 48-hour period during which his lawyers could not locate him, causing distress for his family. He has since been held at the Tacoma facility.

Hernandez, at 23 years old, has a background as the son of migrant farmworkers. He has been working as a wildland firefighter for three seasons, a job requiring the challenging tasks of tree-cutting and bush-clearing to control wildfire spread and protect local communities.

His lawyer revealed that he had received U-Visa certification in 2017; however, he has been waiting for the immigration service to process his application since 2018, a process that should allow him to remain free while awaiting a decision.