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Lawyer: Oregon firefighter arrested by Border Patrol during wildfire was on track for legal status

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Lawyer: Oregon firefighter arrested by Border Patrol during wildfire was on track for legal status
News

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Lawyer: Oregon firefighter arrested by Border Patrol during wildfire was on track for legal status

2025-08-30 07:43 Last Updated At:07:50

SEATTLE (AP) — Lawyers are demanding the release of a longtime Oregon resident arrested by Border Patrol while fighting a Washington state wildfire, saying Friday that the firefighter was already on track for legal status after helping federal investigators solve a crime against his family.

His arrest was illegal, the lawyers said, and violated Department of Homeland Security polices that say immigration enforcement must not be conducted at locations where emergency responses are happening.

He is one of two firefighters arrested this week while working the Bear Gulch Fire in the Olympic National Forest, which as of Friday had burned about 14 square miles (36 square kilometers) and was only 13% contained, forcing evacuations.

U.S. Customs and Border Protection said in a statement Thursday that it had been helping the Bureau of Land Management with a criminal investigation into two contractors working at the fire when it discovered two firefighters who they said were in the country without permanent legal status.

The firefighter, whose name has not been made public, has lived in the U.S. for 19 years after arriving with his family at age 4. He received a U-Visa certification from the U.S. Attorney’s Office in Oregon in 2017 and submitted his U-Visa application with the U.S. Citizenship and Immigration Services the following year.

The U-Visa program was established by Congress to protect victims of serious crimes who assist federal investigators, and the man has been waiting since 2018 for the immigration agency to decide on his application, according to Stephen Manning, a lawyer with Innovation Law Lab, a Portland-based nonprofit that's representing the firefighter.

Another Homeland Security policy says agents can't detain people who are receiving or have applied for victim-based immigration benefits, his lawyer said. Charging the man with an immigration violation was “an illegal after-the-fact justification” given his U-Visa status.

His lawyers said Friday that they located him in the immigration detention system and were able to make contact. They were still processing information and are demanding his immediate release, they told the AP in an email.

A senior DHS official said in a statement to the AP on Friday that the two men apprehended were not firefighters and were not actively fighting the fire. Officials said they were providing a supporting role by cutting logs into firewood.

“The firefighting response remained uninterrupted the entire time,” the statement said. “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.”

When the Bureau of Land Management was asked to provide information about why its contracts with two companies were terminated and 42 firefighters were escorted away from the state’s largest wildfire, it declined. It would only say it cooperates with other federal agencies, including the Department of Homeland Security.

“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,” Department of Interior spokesperson Alyse Sharpe told The Associated Press in an email.

Manning said in a letter to Oregon Sen. Ron Wyden, a Democrat, that the arrest violated Homeland Security policy.

Wyden was critical of the Border Patrol's operation, saying President Donald Trump's administration is more concerned about conducting raids on fire crews than protecting communities from catastrophic fires. Firefighters put their lives on the line, Wyden emphasized, such as the Oregon firefighter who died Sunday while battling a wildfire in southwestern Montana.

“The last thing that wildland firefighter crews need is to be worried about masked individuals trampling their due process rights,” Wyden said in an email to the AP.

Meanwhile, wildfire officials were still trying to get control of the Bear Gulch Fire. The number of personnel working on the blaze was listed at 303 on Friday, down from 349 on Thursday.

FILE - A wildland fire crew looks on after setting a fire line on Harlow Ridge above the Lick Creek Fire, July 12, 2021, south of Asotin, Wash. (Pete Caster/Lewiston Tribune via AP, File)

FILE - A wildland fire crew looks on after setting a fire line on Harlow Ridge above the Lick Creek Fire, July 12, 2021, south of Asotin, Wash. (Pete Caster/Lewiston Tribune via AP, File)

FILE - After lighting a fire line to burn up fuel for the Lick Creek Fire, a crew of firefighters begin to put out the flames, July 12, 2021, south of Asotin, Wash. (Pete Caster/Lewiston Tribune via AP, file)

FILE - After lighting a fire line to burn up fuel for the Lick Creek Fire, a crew of firefighters begin to put out the flames, July 12, 2021, south of Asotin, Wash. (Pete Caster/Lewiston Tribune via AP, file)

HAVANA (AP) — Trumpets and drums played solemnly at Havana's airport Thursday as white-gloved Cuban soldiers marched out of a plane carrying urns with remains of the 32 Cuban officers killed during a stunning U.S. attack on Venezuela.

Nearby, thousands of Cubans lined one of Havana’s most iconic streets to await the bodies as the island remained under threat by the administration of U.S. President Donald Trump.

The soldiers' shoes clacked as they marched stiff-legged into the headquarters of the Ministry of the Armed Forces and placed the urns on a long table next to the pictures of those killed. Tens of thousands of people paid their respects, saluting the urns or holding their hand over their heart, many of them drenched from standing outside in a heavy downpour.

Thursday’s mass funeral was only one of a handful that the Cuban government has organized over the past half-century.

The soldiers were part of the security detail of Venezuelan President Nicolás Maduro during the Jan. 3 raid on his residence to seize the former leader and bring him to the U.S. to face drug trafficking charges.

State television also showed images of what it said were more than a dozen wounded combatants from the raid, accompanied by Cuban Foreign Minister Bruno Rodríguez after arriving Wednesday night from Venezuela. A man identified in state media as Col. Pedro Domínguez attended Thursday's ceremony in a wheelchair.

He said it was a “disproportionate attack” that killed 11 colleagues around him as they slept. Domínguez said he was committed to doing “whatever it takes to defend this people and to remain united in the face of threats from the United States.”

Tensions between Cuba and the U.S. have spiked, with Trump recently demanding that the Caribbean country make a deal with him before it is “too late.” He did not explain what kind of deal.

Trump also has said that Cuba will no longer live off Venezuela's money and oil. Experts warn that the abrupt end of oil shipments could be catastrophic for Cuba, which is already struggling with serious blackouts and a crumbling power grid.

Officials unfurled a massive flag at Havana's airport as President Miguel Díaz-Canel, clad in military garb, stood silent next to former President Raúl Castro, with what appeared to be the relatives of those killed looking on nearby.

Cuban Interior Minister Lázaro Alberto Álvarez Casas called the slain soldiers “heroes” of an anti-imperialist struggle spanning both Cuba and Venezuela. In an apparent reference to the U.S., he said the “enemy” speaks of “high-precision operations, of troops, of elites, of supremacy.

“We, on the other hand, speak of faces, of families who have lost a father, a son, a husband, a brother,” Álvarez said.

The events demonstrate that “imperialism may possess more sophisticated weapons; it may have immense material wealth; it may buy the minds of the wavering; but there is one thing it will never be able to buy: the dignity of the Cuban people,” he said.

Carmen Gómez, a 58-year-old industrial designer, was among the thousands of Cubans who lined a street where motorcycles and military vehicles thundered by with the remains of those killed.

“They are people willing to defend their principles and values, and we must pay tribute to them,” Gómez said. “It’s because of the sense of patriotism that Cubans have, and that will always unite us.”

The 32 military personnel ranged in age from 26 to 60 and were part of protection agreements between the two countries.

Officials in Cuba have said they expect a massive demonstration Friday across from the U.S. Embassy to protest the deaths.

“People are upset and hurt ... many do believe that the dead are martyrs” of a historic struggle against the United States, analyst and former diplomat Carlos Alzugaray told The Associated Press.

In October 1976, then-President Fidel Castro led a massive demonstration to bid farewell to the 73 people killed in the bombing of a civilian flight financed by anti-revolutionary leaders in the U.S. Most of the victims were Cuban athletes.

In December 1989, officials organized a ceremony to honor the more than 2,000 Cuban combatants who died in Angola during Cuba’s participation in a war that defeated the South African army.

In October 1997, memorial services were held following the arrival of the remains of guerrilla commander Ernesto “Che” Guevara and six of his comrades, who died in 1967.

The latest mass burial is critical to honor those slain, said José Luis Piñeiro, a 60-year-old doctor who lived for four years in Venezuela.

“I don’t think Trump is crazy enough to come and enter a country like this, ours, and if he does, he’s going to have to take an aspirin or some painkiller to avoid the headache he’s going to get,” Piñeiro said. “These were 32 heroes who fought him. Can you imagine an entire nation? He’s going to lose.”

The remains arrived a day after the U.S. announced $3 million in additional aid to help the island recover from the catastrophic Hurricane Melissa. The first flight took off on Wednesday, and a second flight was scheduled for Friday. A commercial vessel also will deliver food and other supplies.

Cuba had said on Wednesday that any contributions will be channeled through the government.

But U.S. State Department foreign assistance official Jeremy Lewin said Thursday that the U.S. was working with Cuba’s Catholic Church to distribute aid, as part of Washington's efforts to give assistance directly to the Cuban people.

“There’s nothing political about cans of tuna and rice and beans and pasta,” he said Thursday, warning that the Cuban government should not intervene or divert supplies. “We will be watching, and we will hold them accountable.”

Lewin said the Cuban government has a choice to: “Step down or better provide towards people.” Lewin added that “if there was no regime,” the U.S. would provide “billions and billions of dollars” in assistance, as well as investment and development: “That’s what lies on the other side of the regime for the Cuban people.”

Rodríguez, the Cuban foreign minister, said the U.S. government was “exploiting what appears to be a humanitarian gesture for opportunistic and politically manipulative purposes.”

Coto contributed from San Juan, Puerto Rico.

Follow AP’s coverage of Latin America and the Caribbean at https://apnews.com/hub/latin-america

People line up outside the Ministry of the Revolutionary Armed Forces where the remains are on display of the Cuban officers who were killed during the U.S. operation in Venezuela that captured President Nicolas Maduro, as it sprinkles rain in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

People line up outside the Ministry of the Revolutionary Armed Forces where the remains are on display of the Cuban officers who were killed during the U.S. operation in Venezuela that captured President Nicolas Maduro, as it sprinkles rain in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

Military members line up outside the Ministry of the Revolutionary Armed Forces where the urns containing the remains of Cuban officers, killed during the U.S. operation in Venezuela that captured President Nicolas Maduro, are on display in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

Military members line up outside the Ministry of the Revolutionary Armed Forces where the urns containing the remains of Cuban officers, killed during the U.S. operation in Venezuela that captured President Nicolas Maduro, are on display in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

Military members pay their last respects to Cuban officers who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, at the Ministry of the Revolutionary Armed Forces where the urns containing the remains are displayed during a ceremony in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

Military members pay their last respects to Cuban officers who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, at the Ministry of the Revolutionary Armed Forces where the urns containing the remains are displayed during a ceremony in Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

Soldiers carry urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, at the Ministry of the Revolutionary Armed Forces in Havana, Cuba, Thursday, Jan. 15, 2026. (Adalberto Roque /Pool Photo via AP)

Soldiers carry urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, at the Ministry of the Revolutionary Armed Forces in Havana, Cuba, Thursday, Jan. 15, 2026. (Adalberto Roque /Pool Photo via AP)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

A motorcade transports urns containing the remains of Cuban officers, who were killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro, through Havana, Cuba, Thursday, Jan. 15, 2026. (AP Photo/Ramon Espinosa)

People line the streets of Havana, Cuba, Thursday, Jan. 15, 2026, to watch the motorcade carrying urns containing the remains of Cuban officers killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro. (AP Photo/Ramon Espinosa)

People line the streets of Havana, Cuba, Thursday, Jan. 15, 2026, to watch the motorcade carrying urns containing the remains of Cuban officers killed during the U.S. operation in Venezuela that captured Venezuelan President Nicolas Maduro. (AP Photo/Ramon Espinosa)

Workers fly the Cuban flag at half-staff at the Anti-Imperialist Tribune near the U.S. Embassy in Havana, Cuba, Monday, Jan. 5, 2026, in memory of Cubans who died two days before in Caracas, Venezuela during the capture of Venezuelan President Nicolas Maduro by U.S. forces. (AP Photo/Ramon Espinosa)

Workers fly the Cuban flag at half-staff at the Anti-Imperialist Tribune near the U.S. Embassy in Havana, Cuba, Monday, Jan. 5, 2026, in memory of Cubans who died two days before in Caracas, Venezuela during the capture of Venezuelan President Nicolas Maduro by U.S. forces. (AP Photo/Ramon Espinosa)

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