Oregon Firefighter Detained by ICE During Fire Operations Released
An Oregon firefighter who was detained by immigration authorities while on assignment has been released following the filing of a federal lawsuit. Rigoberto Hernandez Hernandez, an Oregon firefighter, was detained by U.S. Border Patrol agents while assigned to the Bear Gulch Fire in Washington State. At the time he worked for a private sector wildland fire contractor.
The detention occurred during active fire operations. According to his legal team and media reporting, Hernandez was taken into custody even though he was engaged in fire suppression duties.
After his arrest, Hernandez was placed into Immigration and Customs Enforcement (ICE) custody. His attorneys later filed a motion for a Temporary Restraining Order and a habeas corpus petition seeking his release.
In filings, U.S. Border Patrol (through its attorneys) responded that the request for release was moot, because “earlier today … ICE is voluntarily releasing Hernandez from detention today” and the Department of Homeland Security (DHS) had filed a motion to dismiss his removal proceedings.
The DHS motion stated that “[c]ircumstances after issuance of the Notice to Appear have changed to such an extent that continuation is no longer in the best interest of the government.”
Hernandez was ultimately released from ICE custody. He stated, “I am glad that I am home, and I am excited to see my family … So many people stepped up to help … now I want to help others just like they helped me.”
His attorneys argued that Hernandez was never lawfully detained, stating he was held “without a warrant, … and without reasonable suspicion.”
They also contended he was denied due process, including a failure to provide notice of the immigration charges against him.
The Innovation Law Lab and his lawyers noted that Hernandez had a single prior conviction for a misdemeanor (speed racing), and that he had lived on the West Coast since he was four years old. He applied for legal status in 2018, but according to his legal team the application has remained unprocessed due to backlog. More on the story.
