(OREGON) — An Oregon firefighter is back home after spending nearly a month in immigration detention following his arrest while battling an active blaze, his legal team confirmed on Thursday.
Immigration and Customs Enforcement (ICE) released Rigoberto Hernandez, 23, from the Northwest ICE Processing Center following intervention from immigration attorneys and a federal lawsuit, according to court documents obtained by ABC News.
Hernandez was detained on Aug. 27 while working to contain the Bear Gulch Fire, documents show. Border Patrol agents, working alongside Bureau of Land Management officers, conducted immigration checks within a restricted emergency zone, his attorneys said.
Legal representatives at the Innovation Law Lab claim federal agents held Hernandez alone for more than 48 hours after he exercised his constitutional right to remain silent during questioning.
The young firefighter’s detention sparked backlash from immigration advocacy groups and his legal team, who say they argued that such enforcement actions at disaster sites violate long-standing federal policies.
Hernandez’s legal team says he has deep roots in the United States, where he has lived since 4 years old, growing up between Oregon, Washington and California.
Despite initiating the immigration process in 2018 through a U-visa application, he remains caught in extensive government processing delays, his legal team said.
On Sept. 23, immigration officials dropped their case against Hernandez, according to court records. However, the federal officials can still reopen the case in the future if they choose to do so.
The case has raised questions about immigration enforcement practices during emergency response situations. Advocacy groups argue that such arrests could deter qualified individuals from participating in critical emergency services.
Hernandez’s attorneys at Northwest Immigrant Rights Project and Innovation Law Lab said they have secured his release after filing emergency legal motions in federal court. A petition for habeas corpus remains pending.
ABC News has reached out to immigration officials for a comment.
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