Lawyers are calling for the release of a firefighter from Oregon who was recently arrested while battling a wildfire in Washington state. They argue his arrest was illegal, claiming it violated Department of Homeland Security rules against immigration enforcement during emergency responses.
This firefighter is one of two who were detained while working on the Bear Gulch fire in Olympic National Forest, which had burned approximately 14 square miles and was only 13% contained at the time. Evacuations were underway due to the blaze’s intensity.
According to U.S. Customs and Border Protection, the agency was assisting on a criminal investigation related to the fire when they found the two firefighters, whom they claimed lacked permanent legal status. The arrested firefighter, whose identity has not been disclosed, has lived in the U.S. since he was four years old. He received a U-visa certification in 2017, which is intended to protect crime victims who help federal authorities. His immigration application has been pending since 2018.
Stephen Manning, a lawyer representing the firefighter, pointed out that Homeland Security policies state that those applying for victim-based immigration benefits should not be detained. Manning criticized the charges against him as an “illegal after-the-fact justification.”
The detained firefighter’s legal team was eventually able to find him in immigration detention and are pushing for his immediate release.
In a statement, a senior DHS official clarified that the two men apprehended were not actively fighting the fire but were cutting logs for firewood. They maintained that the firefighting efforts were not disrupted during the border patrol’s actions.
When asked about the termination of contracts with two companies involved in the firefighting efforts, the Bureau of Land Management declined to provide specific information but emphasized its cooperation with federal agencies, including the Department of Homeland Security.
Oregon Senator Ron Wyden criticized the border patrol’s operations, implying that they prioritized immigration enforcement over community safety. He pointed out the risks firefighters take, especially in the face of recent tragedies, including the death of an Oregon firefighter in a separate blaze in Montana.
As wildfire officials continue to manage the Bear Gulch fire, it’s crucial to reflect on the challenges faced by first responders. A recent report from the National Interagency Fire Center noted that 2023 has seen an increase in major wildfires, with over 4 million acres burned so far this year. This underscores the need for a supportive environment for those putting their lives on the line to protect communities from fire threats.
The complex intersection of immigration policy and emergency response is a growing concern for many. It illustrates the broader debate on how to balance national security and the safety of communities in crisis situations.
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