Thursday, October 1, 2026
About a week after two contracted wildfire firefighters were taken into custody by federal Border Patrol agents at the Bear Gulch Fire, Thurston County commissioners advanced a draft ordinance to block uncoordinated enforcement during disaster response.
The Thurston County Board of County Commissioners considered the “Emergency Responder Protection and Enforcement Coordination Act” during a work session Wednesday, Sept. 3.
The board directed staff and legal counsel to review the draft before a formal vote.
Board Vice Chair Wayne Fournier, who authored the proposal, issued a same-day statement stressing the arrests showed how quickly public safety can be compromised when agencies act without notice.
He said the county authority under a state emergency management statute had to be exercised in disaster zones.
“What happened at the Bear Gulch Fire was not routine, and we should not pretend it was,” Fournier said.
He added that federal agents “detained personnel without coordination, without justification, and without identifying themselves,” which in his view “created a dangerous disruption to critical emergency operations.”
Fournier, who has more than 25 years of experience as a firefighter, recalled weeks spent sleeping on the ground during wildfire campaigns. He emphasized that large incidents bring together crews from across the world.
According to him, fire camps function as small cities that rely on cooks, medics, mechanics, equipment operators and contract fire crews. All of them, he said, are red card certified firefighters.
“To say that bucking logs or clearing brush is not firefighting shows a fundamental misunderstanding of wildland fire operations,” Fournier said.
He said removing vegetation is central to protecting structures, widening fire lines and improving access.
“This work is not just part of the job; it is essential to the mission,” he said.
Fournier also rejected claims that the individuals arrested “were not real firefighters.” He said such assertions amounted to either “willful ignorance or a deliberate attempt to mislead the public.”
He criticized the Bureau of Land Management (BLM) for defending the operation, writing that the nearest BLM-managed lands were hundreds of miles away in the San Juan Islands.
He described the agency’s press release about the issue as “public relations spin,” adding in his view BLM had no jurisdiction in Bear Gulch.
Fournier linked the arrests to a wider pattern of questionable federal activity.
“Scrutiny of Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) has occurred under every president, regardless of party. This is not about politics. It is about public safety,” he said.
He added agencies with records of civil liberties violations must operate with transparency when present in disaster zones.
The draft ordinance stems the arrest of two members of a 44-person contracted crew during operations for the Bear Gulch Fire in Western Washingon on Aug. 27. The incident was widely reported by media outlets.
The workers were employed by Oregon firms Table Rock Forestry Inc. and ASI Arden Solutions Inc.
Federal officials later confirmed the Bureau of Land Management ended contracts with both companies and removed the remaining 42 crew members from the fire line.
U.S. Customs and Border Protection said the enforcement was tied to an identity check of rosters requested as part of a BLM investigation.
According to the agency, the two men were in the country illegally, one under a prior removal order, and both were assigned to support roles rather than frontline firefighting at the time of detention.
The U.S. Department of Homeland Security (DHS) added firefighting operations were not interrupted, though wildfire experts described the intervention as highly unusual in the middle of a campaign.
The fire footprint had reached roughly 9,000 acres as the arrests drew criticism from elected officials who warned the action carried safety risks and damaged crew morale.
The two detainees were transferred to an ICE facility in Tacoma, where lawyers for at least one man reported difficulty gaining access to their client, according to Reuters.
The draft ordinance establishes Emergency Operations Zones as “Non-Interference Zones.”
The proposal directs federal enforcement personnel to display identification, provide a warrant or justification, and coordinate with the designated incident commander before taking any enforcement action.
Fournier said it would afford due process and identification protections for all responders, regardless of immigration status or employment category.
The proposal cites Revised Code of Washington (RCW) 38.52, the state’s emergency management statute, which grants counties authority during declared local emergencies. It also references constitutional protections and local police powers under the 10th Amendment.
The draft further states any violation by federal enforcement agents would trigger reports to the U.S. Department of Justice (DOJ) Office of the Inspector General and notification to legal advocacy organizations.
Fournier said the ordinance aimed to protect the continuity of emergency operations and place federal authorities under the same standards imposed on private citizens.
“We would not tolerate this kind of interference from private citizens or out-of-state officials,” he said. “We must hold the federal government to the same standard, if not a higher one.”
He emphasized that emergency scenes are inherently hazardous and cannot absorb jurisdictional disputes without increasing danger.
“Jurisdictional overreach only adds confusion, causes delays, and increases risk to life and property,” Fournier said.
“This is not about ideology or partisanship. It is about safety, professionalism and protecting the integrity of our emergency response system.”
Fournier said the ordinance was a necessary signal of local authority in the face of federal overreach.
“The alarm is sounding, not just about fire, but about federal overreach. Let us respond with clarity, courage, and a firm commitment to protect those who protect us," he said.
At the Sept. 3 meeting, Commissioner Carolina Mejia expanded on the rationale for review.
Mejia noted tribal members present were “forced to be a part of the lineup,” and warned that the incident undermined cohesion, delayed work and generated fear among responders.
She added that RCW 38.52 granted counties authority over emergency management and said Fournier’s draft invoked this power.
Board Chair Tye Menser said the county must separate contexts where it had no legal reach from situations where authority was clear.
“This is a particular context where we have a particular unique authority,” he said, explaining an actual event had already occurred inside a local disaster zone.
Commissioner Emily Clouse and Commissioner Rachel Grant also voiced support and viewed the draft as “a really great idea.” They also emphasized the need for legal review.
County Manager Leonard Hernandez mentioned that legal counsel, the clerk’s office and emergency services would examine the ordinance before it returned to a business meeting.
Mejia added that EMS leadership would also be consulted to ensure compliance with emergency command standards.
The board then gave unanimous direction to move the draft into review.
If enacted, the ordinance would designate active disaster areas in Thurston County as Non-Interference Zones.
The directive would then obligate federal agents to identify themselves, present warrants and coordinate with incident command before enforcement.
16 comments on this item Please log in to comment by clicking here
TheVirtualOne
Any coordination with local governments is not possible with sanctuary state and local governments, nor should it be necessary in the case of immigration violations. It’s the federal governments duty and responsibility to enforce immigration laws. The contractor blew it in bringing illegals to the fire zone and should be held accountable. It’s ridiculous to require federal authorities contact state, county and city officials every time someone here illegally is found no matter the type of work they were unlawfully hired to do. That would only hinder their ability to do their jobs. This appears to be a local government official tooting their horn and involving more lawyers unnecessarily in the process.
Friday, September 5, 2025 Report this
Shushu
Can not believe we need legislation once again to control egocentric nuts with power. One would assume anyone for any purpose would have the good sense to notify incident command of their presence and purpose on a potentially life threatening incident. What's next going to schools and pulling kids out.oh forgot, already happened.
Friday, September 5, 2025 Report this
chrispc2u
The safety and protection of Washington state residents should NOT be put into jeopardy by a racist, fascist presidential administration hell bent on ethnic minority cleansing. If Washington doesn’t stand up to this now, what personal rights as citizens are next. Good work here by city council on being proactive on this. Don’t like it? Move to a red state because fascism doesn’t fly here.
Friday, September 5, 2025 Report this
JnNwmn
So you can show up with a bunch of guns and fake badges. They should offer to help fight the fire at least.
Friday, September 5, 2025 Report this
longtimeresident
I disagree with TheVirtualOne and agree with the comments by the other 3 individuals.....
Friday, September 5, 2025 Report this
Quadlok
Federal immigration law is explicitly racist and designed to weaken worker rights by creating a permanent underclass. The current flurry of activity is meant to pave the way for full authoritarianism by establishing a secret police. Any defense of anything ICE does is antithetical to the values that this nation purports to be built on.
Friday, September 5, 2025 Report this
hptrillium
Thank you Thurston County Board of Commissioners for resisting ICE’s unlawful acts. We should all be resisting Trumps authoritarian rule. The next one they come for may well be you.
Saturday, September 6, 2025 Report this
Southsoundguy
You’re all going back.
Saturday, September 6, 2025 Report this
Quadlok
Oh no, Southsoundguy, I have to go back? Should I go to Czechia, where one of my great grandmothers was from? Ireland, where my 4 times great grandfather emigrated from? Maybe Germany, where my dad's great grandparents were from?
You know, all places with massively better quality of life because they know what happens when shitheads like you are allowed within shouting distance of political power.
Saturday, September 6, 2025 Report this
Snevets
Thank you to the council for your proactive work on this serious matter and to the first 7 comments who are on the right side of reality. As for Southsoundguy once again please do us all a favor and move to Mar a lago so you can be closer to likeminded Fascists.
Saturday, September 6, 2025 Report this
wildnature
The Federal government is certainly trying to pick fights to start a civil war. I agree with all the above comments except the two that, like the rest said, move to a red state if you love having no rights.
Saturday, September 6, 2025 Report this
CrabbyWill
Southsoundguy, you promise? The way things are going, I wouldn't mind. Send me to either Ireland or Wales. I don't care which. You pick between the two.
Saturday, September 6, 2025 Report this
Wesley
Wait - the whole of Washington, with the support of local jurisdictions like Thurston County, is a "non-cooperation zone" (sanctuary) in terms of customs and border enforcement, but our local jurisdiction thinks it can force the federal government to cooperate with them? The gall of Thurston County! Does their hubris know any bounds? Rank hypocrisy!
Saturday, September 6, 2025 Report this
OlyPlease
At least wait for the fire to be put out.
Sunday, September 7, 2025 Report this
Guccarelli
Arresting 2 undocumented firefighters on the side of a mountain as they're working to save property and lives seems pretty indefensible to me. Only members of the Trump/MAGA cult can rationalize this lunacy.
Tuesday, September 9, 2025 Report this
Boatyarddog
@Southsoundguy Truly a Nut Job acting the Part saying nothing by stupidity! Well known in this wonderfully Compassionate Community. He goes back to NAZI Germany.
Sunday, December 28, 2025 Report this