Wyden helps secure release of Oregon firefighter arrested while fighting Wash. wildfire, detained at ICE facility

KEIZER, Ore. (KTVZ) — An Oregon firefighter who was arrested last month by Border Patrol while helping to fight the Bear Gulch fire in Washington state was released from Immigration and Customs Enforcement detention Tuesday, officials said.

Rigoberto Hernandez Hernandez, a 23-year-old wildland firefighter, is back home in Keizer, Oregon after nearly four weeks in the Northwest ICE Processing Center in Tacoma, Wash.

Senator Ron Wyden, D-Ore., said Wednesday that he helped secure the release of Hernandez, who was arrested by U.S. Border Patrol and subsequently detained at the ICE facility.

“Today’s release makes clear that ICE had no business in detaining someone who has followed all the laws and put their life on the line to keep our communities safe from Pacific Northwest infernos,” Wyden said. “If Donald Trump truly wanted to protect Americans, he should be going after the real criminals–not unsung heroes like Mr. Hernandez. I’m going to keep using every tool at my disposal to uphold the due process rights of our immigrant communities.” 

Hernandez said, "I am glad that I am home, and I am excited to see my family,. I want to give my thanks to everyone—for their prayers, for the rallies, for sharing about what happened to me and the other firefighter. So many people stepped up to help, and now I want to help others just like they helped me.”

Matt Adams, legal director for the Northwest Immigrant Rights Project, said in a news release Wednesday, "While we are thrilled that Mr. Hernandez is back with his family, it is important to remember he never should have been arrested in the first place, let alone left locked up for weeks and only released after he filed a lawsuit in federal court."

“Federal agents are not above the law,” said Rodrigo Fernandez-Ortega, staff attorney at Innovation Law Lab. “ICE and Border Patrol are showing complete disregard for constitutionally protected rights and the rule of law.”

“Pulling firefighters off active fire lines isn't about safety,” said Isa Peña, director of strategy at Innovation Law Lab. “These reckless arrests are designed to frighten people and keep us from coming together in support of our neighbors, family, friends, and coworkers. But Oregonians continue to answer with solidarity.”

Attorneys with Northwest Immigrant Rights Project and Innovation Law Lab filed a petition for habeas corpus and a motion for a temporary restraining order last week, asking for Hernandez’s immediate release. The petition for habeas corpus is still pending in federal court. 

Wyden's office said Hernandez is a legal resident of Keizer, Oregon, and has had a U visa pending since 2018.

More from Senator Wyden's news release:

Wyden has been a staunch defender of due process for immigrants during the Trump administration. He has partnered with the Oregon congressional delegation, including Representative Maxine Dexter and Senator Jeff Merkley to secure the release of four U.S. citizen Oregonian children detained by the Trump administration earlier this year, and to fight for the release of their immigrant mother detained at the same ICE facility in Tacoma, Washington.

Wyden has also sounded the alarm on the consequences this case could have on firefighter recruitment during future fire seasons. At a time when Western states are already struggling to secure enough firefighting personnel, Wyden has reiterated the need for protections for immigrants putting their lives on the line to protect communities from wildfires.

Background from Innovation Law Lab:

Border patrol agents, working with Bureau of Land Management officers, arrested Rigoberto Hernandez Hernandez on August 27 while he was fighting the Bear Gulch fire. The agents conducted an immigration inspection at the remote location in a blockaded fire emergency zone where the firefighters were assigned to work, violating a longstanding agency policy prohibiting immigration enforcement at disaster response sites. 

After Hernandez invoked his Fifth Amendment right to remain silent, federal agents arrested him and one other firefighter. His attorneys say the feds then hid him from his family and his lawyers for more than 48 hours.

This is Hernandez’s third fire season working as a wildland firefighter. A qualified sawyer, he often works as a “wildland faller,” doing the grueling and dangerous job of cutting down trees and clearing vegetation to manage the spread of wildfires to protect homes, communities, and resources. 

“For me, firefighting is much more than a job,” Hernandez said in a court declaration. “It is a calling to me. I consider it my duty. It has given me clarity in how I think and how I want to act and be in the world. I want to be able to continue to protect the land, the wildlife, and the people of this country.” 

Hernandez has lived on the West Coast since he was 4 years old, and was raised across Oregon, Washington, and California as his parents, migrant farmworkers, traveled for work. He has sought legal status, applying for a U-visa in 2018, but has not yet had his application adjudicated due to the massive backlogs in government processing. 

Case filings and other materials for Hernandez v US Border Patrol are online here: https://innovationlawlab.org/cases/wildland-firefighter/.