SEATTLE — Legal representatives are calling for the release of a long-time Oregon resident who was apprehended by the U.S. Border Patrol while he was engaged in firefighting during a wildfire in Washington state. The incident has raised concerns among advocates, who maintain that the firefighter was in the process of obtaining legal status after assisting federal investigators with a crime involving his family.
According to the lawyers, the arrest was unlawful and contravened guidelines set by the Department of Homeland Security, which prohibit immigration actions where emergency responses are active. The firefighter, along with another individual, was arrested last week while combating the Bear Gulch fire in the Olympic National Forest. As of Friday, the blaze has scorched approximately 14 square miles and was only 13% contained, prompting evacuations in the area.
U.S. Customs and Border Protection indicated that it was aiding the Bureau of Land Management with a criminal investigation related to contractors working at the fire when they identified the two firefighters, who they claimed were in the country without permanent legal status.
The individual in question has resided in the United States for nearly two decades, having arrived with his family at the age of four. In 2017, he received a U visa certification from the U.S. attorney’s office in Oregon, and in the following year, he submitted his application to the U.S. Citizenship and Immigration Services. The U visa program was created by Congress to protect victims of serious crimes who assist in federal investigations, yet the man has been awaiting a decision on his application since 2018, as noted by Stephen Manning, an attorney from the nonprofit Innovation Law Lab based in Portland.
Manning asserted that another policy from Homeland Security prevents agents from detaining individuals who are receiving or have applied for victim-based immigration benefits. He characterized the immigration charges against the firefighter as an unjustified action, given his pending U visa status.
The legal team later located the firefighter within the immigration detention system and reported making contact. They are advocating for his prompt release, as they continue to gather more information about his case.
In response, a senior official from Homeland Security claimed that the apprehended individuals were not serving as active firefighters and were primarily engaged in auxiliary tasks, such as cutting logs for firewood. The official stated that firefighting efforts were uninterrupted and that no active firefighting personnel were questioned during the incident.
When inquiries were made to the U.S. Bureau of Land Management regarding the termination of contracts with two companies and the removal of 42 firefighters from the state’s largest wildfire, the agency refrained from providing detailed information, only noting its compliance with federal agencies, including the Department of Homeland Security.
Manning has reached out to Senator Ron Wyden (D-Ore.) to express concerns over the legality of the arrest. Wyden criticized the Border Patrol’s actions, accusing the previous administration of prioritizing immigration enforcement over protecting communities from devastating wildfires. He emphasized the dangers faced by firefighters, referencing a recent tragic incident in which an Oregon firefighter lost his life while battling a fire in southwestern Montana.
“The last thing wildland firefighter crews need is to be worried about masked individuals trampling their due process rights,” Wyden said in a statement.
As wildfire officials work to gain control over the Bear Gulch fire, the number of personnel assigned to combat the blaze has decreased to 303, down from 349 the previous day.
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