Lawyers for an Oregon firefighter who was taken into custody by U.S. Border Patrol agents while fighting a Washington state wildfire filed a petition in federal court Friday asking a judge to order his release from an immigration detention facility.

The Oregon man, Rigoberto Hernandez Hernandez, and one other firefighter were part of a 44-person crew fighting a blaze in the Olympic National Forest on Aug. 27 when the agents took them into custody during a multiagency criminal investigation into the two contractors for whom the men were employed.

Lawyers with the Innovation Law Lab said during a press conference that his arrest was illegal and violated U.S. Department of Homeland Security polices that say immigration enforcement must not be conducted at locations where emergency responses

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