Congresswoman seeks protections for emergency responders nationwide after arrests of firefighters

After recent outrage over the arrests of two wildland firefighters by U.S. Immigration and Customs Enforcement (ICE) last month, one of Washington’s congressional representatives says it should never happen again.

U.S. Rep. Emily Randall, D-Kitsap, congressional representative for Washington’s Sixth Congressional District, introduced the Emergency Responder Protection Act on Friday, Sept. 26.

According to a news release from Randall announcing the proposed legislation, the new law would ban immigration enforcement operations within active disaster zones.

In the release, Randall condemned the arrest of two firefighters in August who were working on teams fighting the Bear Gulch Fire in the Olympic National Forest. It’s the largest wildfire in Washington state this summer. She went on to say that the bill prioritizes community safety.

“This is wrong and dangerous,” Randall said. “That’s why I’m introducing the Emergency Responder Protection Act to ensure our first responders can do their jobs without looking over their shoulders. When disaster strikes, our priority must be community safety — not advancing political agendas. Our firefighters, paramedics and emergency personnel run toward danger when others run away. They deserve our protection, not our persecution.”

U.S. Immigration and Customs Enforcement reportedly arrested two wildland firefighters Aug. 27 near the Bear Gulch Fire. Reports suggest immigration enforcement officials asked firefighting crews to line up before asking for identification and ultimately arresting two who were employed with private firefighting firms based in Oregon.

At least one of the two arrested last month, 23-year-old Rigoberto Hernandez Hernandez, has since been released by ICE. According to reporting by Oregon Public Broadcasting, the young man was released from an ICE detention center last week after his legal representation demanded ICE free him.

The new federal legislation, H.R. 5603, was proposed in the U.S. House of Representatives on Friday and referred to the House Committee on the Judiciary. According to the bill’s summary, it will limit the jurisdiction of immigration enforcement. The full text of the bill is not yet available to the public; however, it is expected to be at least similar if not identical to a local ordinance introduced in Thurston County earlier this month.

Thurston County Commissioner Wayne Fournier quickly responded to Randall’s announcement on Facebook. The same day Randall posted the announcement, Fournier shared it on his own page with an additional statement thanking Randall for her partnership and for taking policy he first introduced on the local level to the national stage.

“I am proud to have introduced the Emergency Responders Protection Enforcement Coordination Act in Thurston County and I thank Rep. Emily Randall on her partnership on introducing similar legislation at the federal level,” Fournier said. “Emergency scenes are quick to evolve and are handling life and safety concerns, this must remain the first priority in all emergencies.”

Fournier, who is a longtime firefighter, introduced the similarly titled policy, called the Emergency Responder Protection and Enforcement Coordination Act, to the Thurston County Board of Commissioners earlier this month. The local ordinance was promptly approved by the commissioners and sent to the county’s legal team for review.

The ordinance designates active emergency zones, such as those around wildfires, as non-interference zones and requires federal law enforcement to coordinate with the incident commander for the area before taking any action. The policy guarantees due process and ID protections for all responders in the area regardless of background or employment status.

Fournier has become the face of the issue locally, often sharing his own experience with wildland firefighting to provide context. In addition to his role as county commissioner, Fournier also works as an Aberdeen firefighter. Fournier said he has been involved in firefighting for at least 30 years.

Fournier has frequently responded to developments in the story of the recent wildland firefighting arrest, voicing concerns in Thurston County Board of Commissioners meetings, in official statements, over Facebook and even in The Chronicle.

Most recently, Fournier published a statement in response to claims that the arrested firefighters were not actively involved in fighting the Bear Gulch Fire. Critics cited the fact that the two men were not on the front line of the fire. In his statement, Fournier advocated for the protection of firefighters from immigration enforcement and while fighting a fire and testified to the importance of every job in wildlife firefighting even those not holding a hose or feet away from the fire.

He also insisted the men were firefighters, despite claims by federal officials.

“To say that bucking logs or clearing brush is not firefighting shows a fundamental misunderstanding of wildland fire operations,” Fournier said. “This work is not just part of the job; it is essential to the mission. That is why what happened next was completely unacceptable. When CBP agents entered the Bear Gulch fire zone and detained personnel without coordination, without justification, and without identifying themselves, it created a dangerous disruption to critical emergency operations.”