DHS Releases Bear Gulch Firefighter Arrested Last Month After Accusing Him of Being a Criminal

[Kirkland, WA – WBHG News] – Oregon firefighter Rigoberto Hernandez, 23, was released from detention after the Department of Homeland Security (DHS) filed a motion to dismiss charges related to his August arrest on immigration charges.

Customs and Border Protection (CBP) conducted a raid on August 27, targeting a 44-person firefighter team in Hoodsport, Washington, who were assigned to the Bear Gulch Wildfire. Two men were detained, Jose Bertin Cruz-Estrada and Hernandez, for immigration related charges.

In a legal move to block his deportation, Hernandez’s lawyers filed a motion for a Temporary Restraining Order and a Habeas Corpus Petition two weeks ago.

The arrests drew national attention due to two fire crews being pulled off the fireline for the day and the targeting of emergency services personnel in the middle of an incident. The action was not only considered unprecedented but also violated established protocol.

In response to the filing and increasing public backlash, DHS released a statement on September 8, called “FACT CHECK: DHS Arrests Criminal Illegal Aliens, Not ‘Firefighters’ as Media Falsely Claims.” In the statement, immigration officials claimed that Hernandez was a “criminal illegal alien” and “has prior charges for illegally carrying a concealed weapon.”

“The two illegal aliens apprehended were not ‘firefighters,’ as the media claimed, nor were they responding to any active emergency—in fact, they were CRIMINAL [emphasis DHS – Ed.] illegal aliens,” said Assistant DHS Secretary Tricia McLaughlin. “Both had prior arrests. One for drug trafficking and one for illegally carrying a firearm. Once again, the media ran with a false narrative and left out the key details.”

On Tuesday, DHS filed a motion to dismiss Hernandez’s removal proceedings and requested his release from detention, which a federal judge granted on Friday. In their filing, attorneys for the government wrote, “DHS has reviewed the facts and circumstances of the case and determined that circumstances after issuance of the Notice to Appear have changed to such an extent that continuation is no longer in the best interest of the government.”

DHS and its agencies have a standing policy not to work with local journalists, and did not respond to our request to clarify why Hernandez was released, less than two weeks after accusing him of having a history of weapon-related charges.

Hernandez, a resident of Oregon, arrived in the United States when he was four years old and applied for a U Visa with his family in 2018. The visa grants temporary legal status to migrants who are victims of serious crimes.

At the time of his arrest, his application had not been processed due to a government backlog. He does have a misdemeanor conviction for Racing of Vehicles on Highways. There is no public record of him being arrested, charged, or convicted of any state or federal weapons-related charges. Hernandez was in his third year working as a firefighter.

At the time of the DHS raid, the Bear Gulch Fire was only 13% contained and had burned over 9,000 acres. Today, the fire has consumed over 20,000 acres on the Olympic Peninsula, and is only 5% contained. A Level 3 “go now” evacuation order remains in place on the northwest shore of Lake Cushman.

Prior to the CBP raid on August 27, two fire crews working for federal contractors Table Rock Forestry and ASI Arden Solutions, Inc., had been engaged in an active role, digging firebreaks, protecting structures, and conducting mop-up operations to extinguish hot spots. On the day of the raid, they were reassigned to an area away from the fire to cut firewood.

According to firefighters assigned to the teams, when they arrived at their assigned location, they found pre-cut timber from a logging operation. Concerned that they might start cutting commercially owned logs, the supervisor requested clarification from incident commanders. They were told to wait, and CBP arrived an hour later.

Federal agents spent about five minutes questioning a leader from Table Rock Forestry, allegedly conducting a criminal investigating into a single timecard with a 30-minute discrepancy. After the brief conversation, agents spent the next three hours interrogating and checking the immigration status of the 44 firefighters. Video recordings of the incident captured CBP agents mocking the firefighters due to their ethnicity.

Riva Duncan, a former wildland fire chief who served more than 30 years with the U.S. Forest Service, stated that the raid would not have been possible without the support of incident commanders with California Interagency Incident Management Team 7. “Fire areas are officially closed, very secure, and there are roadblocks,” Duncan said. “Somebody would have had to tell these agents how to get there.”

In response to the allegations, CBP claimed that the raid was led by the federal Bureau of Land Management, and they were only assisting.

The two Oregon-based private firefighting companies, Table Rock Forestry and ASI Arden Solutions, Inc., had their federal contracts revoked after the August raid.

Please Support Malcontent News

When you become a subscriber, you help us stay independent and paid advertiser free. A free press is a Constitutional right, but it doesn’t come free. Our core missions are showing you an unfiltered view of the before, during, and after, defend the First Amendment, and amplify BIPOC and LGBTQIA+ voices in an advertisement free experience.
	For as little as $5 a month, you can support Malcontent News. Becoming a Patreon will help cover technology, data, bandwidth, and travel costs. Patreons get early access to content and a Discord server, virtual meetings with the staff, and private Zoom meetings. Subscribe NOW!
	A one-time Venmo donation can help with safety gear, equipment, or a small thank you to show your appreciation for what Malcontent News provides. No amount is too small, even $5 goes a long way. Venmo NOW!