
U.S. Immigration and Customs Enforcement (ICE) has been forced to release an illegal alien firefighter because of pushback from his attorneys.
That illegal alien, 23-year-old Rigoberto Hernandez, has since become the Democrat Party’s new illegal alien poster boy:
Was lucky enough to meet with Mr. Rigoberto Hernandez after we were able to help bring him home. Trump is targeting people like Mr. Hernandez who have followed immigration laws and are putting their lives on the line to protect us. That’s not helping the American people. https://t.co/aiF932Vf1e pic.twitter.com/q95cqN38c1
— Ron Wyden (@RonWyden) September 26, 2025
Hernandez and another illegal alien were scooped up by ICE while battling the Bear Gulch wildfire in Washington state. They were specifically picked up at a Bear Gulch work camp on Aug. 27, according to Oregon Public Broadcasting (OPB).
“[T]he immigration agents lined up firefighters to ask them questions,” OPB reported. “Hernandez presented his firefighter identification card to them. When they asked Hernandez about his citizenship, he invoked his Fifth Amendment rights.”
He was subsequently tossed into detention at the Northwest ICE Processing Center in Tacoma, Washington, where he remained until his abrupt release this past week, nearly a month after his arrest.
“Attorneys with the Northwest Immigrant Rights Project (NWIRP) and Portland-based Innovation Law Lab said his release only came after they filed a federal lawsuit on his behalf,” according to Portland station KPTV.
“While we are thrilled that Mr. Hernandez is back with his family, it is important to remember he never should have been arrested in the first place, let alone left locked up for weeks and only released after he filed a lawsuit in federal court,” NWIRP legal director Matt Adams said.
Good to see Rigoberto Hernandez Hernandez released from ICE custody and reunited with his loved ones after being snatched off the frontlines of fighting the Bear Gulch Fire.
Rigoberto’s arrest never should have happened, and I’ll work to hold the Trump Administration…
— Senator Jeff Merkley (@SenJeffMerkley) September 25, 2025
The lawsuit filed last Friday accused ICE of violating a longstanding federal policy that prohibits immigration enforcement at disaster sites.
According to FireRescue1, the lawsuit also said “his arrest was made without a warrant, based on no information beyond Hernandez’s race and his invocation of his constitutional right to silence.”
“Federal agents are not above the law,” Innovation Law Lab staff attorney Rodrigo Fernandez-Ortega said. “ICE and Border Patrol are showing complete disregard for constitutionally protected rights and the rule of law.”
The suit, coupled with massive public outrage, led to ICE bending the knee this week and releasing Hernandez.
OREGON NEWS ATTORNEYS CALL FOR RELEASE OF OREGON WILDLAND FIREFIGHTER DETAINED BY BORDER PATROL
Lawyers for Rigoberto Hernandez Hernandez filed a habeas petition in federal court Friday, alleging that U.S. Border Patrol officers violated longstanding federal policy prohibiting… pic.twitter.com/OIvCPqH00D
— Kristy Tallman (@KristyTallman) September 23, 2025
Filed on Tuesday, the motion to dismiss said it was “no longer in the best interest of the government” to continue holding him and pushing for his removal from the country.
Hernandez was pleased.
“I’m glad that I am home and I am excited to see my family,” he said in a statement. “I want to give my thanks to everyone — for their prayers, for the rallies, for sharing about what happened to me. … So many people stepped up to help, and now I want to help others just like they helped me.”
Jordan Cunnings, the legal director for Innovation Law Lab, was surprised by Hernandez’s release.
“This is unusual in this administration,” he said. “We tend to see them doubling down on their unlawful actions and going even more aggressive.”
According to ABC News, Hernandez has lived in the U.S. illegally since he was four years old. Not until 2018 did he attempt to pursue permanent residence via a U-visa application. However, his application remains pending to this day, allegedly because of a huge backlog.
A U-visa is “meant to offer protected status” to victims of certain types of crimes. It turns out that Hernandez and his family “were victims of a years-long fraudulent scheme against immigrants.”
However, testimony from Hernandez’ father helped the feds secure a conviction against their perps in 2017. That made the family eligible for the U-visa, though their application was never approved.
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