SEATTLE — Attorneys representing a longtime Oregon resident arrested by U.S. Border Patrol agents while working on a Washington state wildfire are demanding his release, calling the detention unlawful and a violation of federal policy.
The man, who has lived in the U.S. for nearly two decades and is pursuing legal immigration status, was taken into custody last week during the Bear Gulch fire response in the Olympic National Forest. As of Friday, the fire had burned roughly 14 square miles, was only 13% contained, and had forced local evacuations.
Arrest Sparks Legal Challenge
According to Stephen Manning, an attorney with the Portland-based nonprofit Innovation Law Lab, the firefighter has lived in the U.S. since arriving as a 4-year-old and has spent 19 years in the country. In 2017, he received a U visa certification from the U.S. Attorney’s Office in Oregon after assisting federal investigators in a crime against his family. He filed his official U visa application the following year and has been waiting since 2018 for a decision from U.S. Citizenship and Immigration Services.
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The U visa program, created by Congress, provides protection for victims of serious crimes who help law enforcement. Manning argued that under Department of Homeland Security policy, individuals with pending or approved victim-based applications cannot be detained for immigration violations.
Charging the man now, Manning said, was “an illegal after-the-fact justification” in conflict with federal policy.
Border Patrol’s Account
U.S. Customs and Border Protection (CBP) acknowledged the arrests in a statement Thursday, saying agents were assisting the Bureau of Land Management (BLM) with a criminal investigation of two contractors at the fire site. During that operation, they identified two men allegedly lacking permanent legal status.
On Friday, a senior Homeland Security official told the Associated Press that the men were not actively engaged in firefighting duties. Instead, they were cutting logs for firewood in a support role, the official said.
“The firefighting response remained uninterrupted the entire time,” the statement read. “No active firefighters were even questioned, and U.S. Border Patrol’s actions did not prevent or interfere with any personnel actively engaged in firefighting efforts.”
Disputed Accounts and Fallout
Despite the agency’s claims, attorneys and advocates argue the arrest clearly violated Homeland Security policies that bar immigration enforcement actions in areas where emergency response operations are taking place. Manning has formally raised the issue in a letter to Sen. Ron Wyden (D-Ore.), who has since spoken out against the arrest.
Wyden accused the Trump administration of prioritizing immigration raids over protecting communities from wildfires. He emphasized that firefighters — many of whom are immigrants — put themselves at risk daily.
“The last thing that wildland firefighter crews need is to be worried about masked individuals trampling their due process rights,” Wyden said, referencing the recent death of an Oregon firefighter battling a Montana blaze.
Bureau of Land Management Response
The Bureau of Land Management, which oversees contracting for many fire crews, has so far declined to explain why its contracts with two companies were terminated and why 42 firefighters were escorted from the Bear Gulch fire following the arrests.
The Interior Department, which includes the BLM, issued only a brief statement emphasizing interagency cooperation.
“These law enforcement professionals contribute to broader federal enforcement efforts by maintaining public safety, protecting natural resources, and collaborating with the agencies, such as the Border Patrol,” spokesperson Alyse Sharpe said in an email.
Next Steps for the Firefighter
Lawyers confirmed Friday that they were able to locate the Oregon man within the immigration detention system and make contact. They are demanding his immediate release while reviewing the circumstances of his case.
For now, his U visa application remains pending. Under Homeland Security’s own guidelines, his attorneys argue, the application should shield him from removal proceedings until adjudicated.
Bear Gulch Fire Update
Meanwhile, fire crews continue battling the Bear Gulch fire. As of Friday, 303 personnel were assigned to the blaze, down from 349 a day earlier. Officials have not indicated whether the reduction was linked to the arrests or terminated contracts.
Containment efforts remain slow amid dry conditions, and residents near the Olympic National Forest continue to face evacuation notices.
Broader Implications
The case underscores the tensions between immigration enforcement and emergency response operations. Immigrant workers have long been a backbone of wildfire crews across the West, often performing grueling, high-risk labor for modest pay.
For Wyden and others, the arrest raises concerns about undermining public safety during a time when wildfires are growing larger and more destructive each season.
“This firefighter has spent his life in the U.S., helped solve a serious crime, and put himself on the line battling dangerous fires,” Manning said. “Instead of honoring that, federal agents treated him like a target. That’s not just unlawful — it’s unconscionable.”
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