Oregon Firefighter Detained by Border Patrol Amid Wildfire Response

Mon Sep 29 2025 13:23:14 GMT+0300 (Eastern European Summer Time)

Amid ongoing wildfires in Washington, an Oregon firefighter, Rigoberto Hernandez, faces detention by U.S. Border Patrol, raising significant legal concerns regarding immigration enforcement practices during emergency situations.

Rigoberto Hernandez, an Oregon firefighter, was detained by U.S. Border Patrol agents while combating a wildfire in Washington state. His attorneys argue that the detention was illegal, as emergency responses should not be disrupted by immigration enforcement. Hernandez has been seeking a U-Visa since 2018 and is currently held in a Tacoma facility, prompting his legal team to file petitions for his release.

The legal battle to secure the release of an Oregon firefighter detained by U.S. Border Patrol agents continues as his lawyers filed a petition in federal court last Friday. Rigoberto Hernandez Hernandez, alongside another firefighter, was apprehended on August 27 while battling a severe wildfire in the Olympic National Forest.

The crew of 44 was engaged in firefighting efforts, which included controlling the Bear Gulch Fire, a blaze covering 29 square miles and listed at only 9% containment as of last Friday.

According to Kennedy with the Innovation Law Lab, the arrest of Hernandez was not only illegal but also a breach of Department of Homeland Security guidelines that prohibit immigration enforcement at emergency response locations. “His actions were primarily directed at maintaining public safety during a critical time,” stated the attorney.

Border Patrol asserted that Hernandez and his colleague were undocumented immigrants and proceeded with their detention. However, the nature of the ongoing investigation into their employers remains undisclosed by federal officials.

Interestingly, Homeland Security’s Assistant Secretary Tricia McLaughlin clarified in an email that the two men were not actively firefighting but were performing supporting tasks such as cutting logs into firewood. McLaughlin defended the Border Patrol's actions, claiming they did not interfere with emergency personnel

Following Hernandez's arrest, his family endured a troubling 48-hour period without knowing his whereabouts, according to attorney Rodrigo Fernandez-Ortega. Hernandez has been detained in Tacoma since the incident.

The 23-year-old, whose background includes the hardships of being the son of migrant farmworkers, has dedicated three seasons to wildfire management. His attorneys highlighted that Hernandez is waiting for a decision on his U-Visa application, submitted in 2018, aimed at protecting victims of serious crimes.

As the case evolves, attorneys for Hernandez continue to advocate for his release under the premise that he deserves freedom while awaiting an immigration decision.