Legal Battle Intensifies for Firefighter Detained by Border Patrol Amid Wildfire Crisis

Lawyers are demanding the immediate release of a long-term Oregon resident arrested by US border patrol while actively fighting a Washington state wildfire. They assert that the firefighter was already on a clear path to legal status, having aided federal investigators in solving a crime against his family. The arrest, which occurred recently, is being labeled illegal and a direct violation of Department of Homeland Security (DHS) policies that prohibit immigration enforcement at emergency response locations.

The detained individual is one of two firefighters taken into custody this week while working on the Bear Gulch fire in the Olympic National Forest. As of Friday, the blaze had consumed approximately 14 square miles (36 sq km) and was only 13% contained, necessitating evacuations. US Customs and Border Protection (CBP) stated on Thursday that their involvement stemmed from assisting the Bureau of Land Management (BLM) with a criminal investigation into two contractors at the fire, during which they identified two individuals reportedly in the country without permanent legal status.

The firefighter, whose identity remains undisclosed, has resided in the US for 19 years since arriving at age four. He received a U-visa certification from the US attorney’s office in Oregon in 2017 and submitted his U-visa application the following year. The U-visa program is designed to protect victims of serious crimes who assist federal investigations. According to Stephen Manning, a lawyer with Innovation Law Lab representing the firefighter, his client has been awaiting a decision on his application since 2018. Lawyers argue that another DHS policy prevents the detention of individuals who are receiving or have applied for victim-based immigration benefits, rendering the immigration violation charge an “illegal after-the-fact justification” given his U-visa status.

On Friday, lawyers confirmed they had located the firefighter within the immigration detention system and established contact, reiterating their demand for immediate release. A senior DHS official, however, countered on Friday that the two apprehended men were not active firefighters but were providing a supporting role by cutting logs. The official asserted that “the firefighting response remained uninterrupted the entire time,” and “no active firefighters were even questioned, and US Border Patrol’s actions did not prevent or interfere with any personnel actively engaged in firefighting efforts.”

The BLM declined to comment on why contracts with two companies were terminated and 42 firefighters were escorted away from the state’s largest wildfire, stating only that it cooperates with other federal agencies, including DHS. Oregon Senator Ron Wyden has sharply criticized the border patrol’s operation, echoing concerns about the focus on immigration enforcement over wildfire containment. Meanwhile, wildfire officials are still struggling to control the Bear Gulch fire, with personnel numbers fluctuating as the crisis continues.

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