‘Constitutional crisis’: Democrats hit Trump administration, DOJ over James Comey indictment

‘Constitutional crisis’: Democrats hit Trump administration, DOJ over James Comey indictment
‘Constitutional crisis’: Democrats hit Trump administration, DOJ over James Comey indictment
Chris Murphy speaks during the 2025 Concordia Annual Summit on September 24, 2025 in New York City. (Riccardo Savi/Getty Images)

(WASHINGTON) — Word of former FBI Director James Comey’s federal indictment sent anger and shockwaves around Congress, with several prominent Democrats sounding off on what they called a politically motivated attack by President Donald Trump’s Justice Department.

Democratic Sen. Chris Murphy called Comey’s indictment — which was on charges of making a false statement and obstruction related to his testimony before the Senate Judiciary Committee in 2020 — a “constitutional crisis.”

“We aren’t on a slippery slope to a constitutional crisis. We are IN the crisis. Time for leaders – political leaders, business leaders, civic leaders – to pick a side: democracy or autocracy?” he wrote on X Thursday night.

Democratic Rep. Jamie Raskin pointed to the recent resignation of U.S. Attorney Erik Siebert and appointment of Lindsey Halligan as setting the stage for Comey’s indictment. Siebert, Trump’s previous nominee for the U.S. attorney for the Eastern District of Virginia, resigned from the office after sources said he refused to bring charges against New York Attorney General Letitia James over unfounded allegations of mortgage fraud. Trump later claimed he “fired” Siebert and quickly installed Halligan into the position.

“As if by magic, within mere days of being appointed, Ms. Halligan delivered for the president by filing the exact baseless charges against Mr. Comey that her predecessor had rejected,” Raskin said in a statement.

“I have no doubt that a jury of his peers will acquit and vindicate Mr. Comey after being afforded the opportunity to hear all the relevant evidence,” he added.

House Minority Leader Hakeem Jeffries released a statement Thursday night calling the indictment a “disgraceful attack on the rule of law.”

“The malicious prosecution against James Comey has no apparent basis in law or fact, and lawyers of good conscience in the department know it,” he said.

Republicans were more subdued in their initial reaction to the indictment.

Sen. Chuck Grassley, the chair of the Senate Judiciary Committee, appeared to seek more details and let the legal process play out.

“At the time of Comey’s alleged false statements and obstruction, my colleagues and I had active investigations. If the facts and the evidence support the finding that Comey lied to Congress and obstructed our work, he ought to be held accountable,” he said in a statement.

A few Republicans, however, praised the Justice Department.

“As I said last month, it’s time to expose the lies and corruption from people like James Comey,” Republican Sen. Eric Schmitt said in a post on X.

Republican Sen. John Coryn noted that while the “legal system provides for the presumption of innocence, Comey’s accountability for FBI abuses during the first Trump term are long overdue.”

“These charges are serious offenses, especially if committed by the head of our nation’s top law enforcement agency, and there must be consequences for any crimes,” he said in a statement.

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Justice Clarence Thomas says legal precedents are not ‘the gospel’

Justice Clarence Thomas says legal precedents are not ‘the gospel’
Justice Clarence Thomas says legal precedents are not ‘the gospel’
Andrew Harnik/Getty Images

(WASHINGTON) — Justice Clarence Thomas said the Supreme Court should take a more critical approach to settled precedent, saying decided cases are not “the gospel” and suggesting some may have been based on “something somebody dreamt up and others went along with.”

Thomas made the comments during a rare public appearance Thursday evening at Catholic University’s Columbus School of Law in Washington, D.C., just over a week before the high court starts a new term that includes challenges to several major, longstanding decisions.

The Court is poised to revisit Humphrey’s Executor v U.S. — a 90-year precedent that limits a president’s ability to remove members of some independent federal agencies without cause. The justices will also consider whether to overturn Thornburg v Gingles, a landmark 1986 decision governing the use of race in redistricting under the Voting Rights Act.

For the first time, the Court is also considering a petition for writ of certiorari asking them to explicitly revisit and overturn the 2015 decision in Obergefell v Hodges, which extended marriage rights to same-sex couples.

“At some point we need to think about what we’re doing with stare decisis,” Thomas said Thursday, referring to the legal principle of abiding by previous decisions. “And it’s not some sort of talismanic deal where you can just say ‘stare decisis’ and not think, turn off the brain, right?”

The Court’s senior conservative suggested that some members of the Court over the years have blindly followed prior judgments, comparing them to passengers on a train.

“We never go to the front see who’s driving the train, where is it going. And you could go up there in the engine room, find it’s an orangutan driving the train, but you want to follow that just because it’s a train,” Thomas said.

“I don’t think that I have the gospel,” he said, “that any of these cases that have been decided are the gospel, and I do give perspective to the precedent. But it should — the precedent should be respectful of our legal tradition, and our country, and our laws, and be based on something, not just something somebody dreamt up and others went along with.”

Thomas has long been an outspoken advocate for revisiting some of the Court’s significant landmark opinions. In a 2022 concurring opinion in Dobbs v Jackson Women’s Health — which overturned Roe v Wade — Thomas urged his colleagues to “reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell” — cases involving rights to contraception, same-sex intimacy, and marriage.

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Trump applauds James Comey indictment: ‘It’s about justice, not revenge’

Trump applauds James Comey indictment: ‘It’s about justice, not revenge’
Trump applauds James Comey indictment: ‘It’s about justice, not revenge’
Donald Trump speaks to members of the media as he departs the White House on September 26, 2025 in Washington, DC. (Kevin Dietsch/Getty Images)

(WASHINGTON) — President Donald Trump stood by his Justice Department and slammed James Comey Friday, just hours after the former FBI director was indicted on charges of making a false statement and obstruction related to his testimony before the Senate Judiciary Committee in 2020.

“It’s about justice. He lied, he lied a lot,” Trump told reporters outside the White House Friday morning.

Asked if the indictment was about justice or revenge, Trump said “It’s about justice, not revenge. It’s about justice. Also, it’s also about the fact that you can’t let this go on.”

Comey said in a video statement Thursday night that he did nothing illegal and he was looking forward to a trial.

The president claimed that there could be “others” who face similar legal action, but didn’t mention any names.

“But, there’ll be others. Look, that’s my opinion. They weaponized the Justice Department like nobody in history. What they’ve done is terrible. And so, I would — I hope – frankly, I hope there are others, because you can’t let this happen to a country,” Trump said.

Comey’s indictment came just days after Trump issued a public demand for his Justice Department to act “now” to bring prosecutions against Comey and other political foes.

Trump told reporters that Democrats “weaponized the Justice Department like nobody in history,” claiming they went after him unjustly.

In a social media post earlier Friday morning, the president called Comey “one of the worst human beings this country has ever been exposed to,” as he celebrated his indictment.

In another post, Trump proclaimed “JUSTICE IN AMERICA” and decried him as a “DIRTY COP” in another.

Trump, who was indicted twice during President Joe Biden’s term, and members of his administration have decried the “weaponization” of the DOJ and vowed to end what they viewed as politically motivated prosecutions. The charges against Trump, related to election interference and mishandling of classified documents, were subsequently dropped because of DOJ policy barring prosecuting a sitting president.

“No one is above the law,” Attorney General Pamela Bondi posted to social media following the indictment. “Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”

Comey’s lawyer fully denied the charges in a statement obtained by ABC News.

“Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom,” said Patrick J. Fitzgerald as counsel for Comey.

Comey has been outspoken about Trump’s efforts to politicize the justice system.

That argument is now likely to be central to Comey’s defense in his criminal case, which could prove to be a highly consequential test for both the Justice Department and the federal judiciary.

Comey has been summoned to appear for arraignment on Oct. 9.

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Assata Shakur, wanted Black Liberation Army member, dies at 78 in Cuba

Assata Shakur, wanted Black Liberation Army member, dies at 78 in Cuba
Assata Shakur, wanted Black Liberation Army member, dies at 78 in Cuba
JoAnn Chesimard, aka Assata Shakur, holding the manuscript of her autobiography with Old Havana, Cuba, in the background on October 7, 1987. (Photo by Ozier Muhammad/Newsday RM via Getty Images)

(NEW YORK) — Assata Shakur, a Black Liberation Army member who was convicted in the 1973 murder of a New Jersey state trooper, has died in Cuba, where she fled, according to Cuban officials. She was 78.

Her conviction for the murder of Trooper Werner Foerster, and subsequent escape garnered her a permanent spot on the New Jersey State Police’s Most Wanted List. The state long sought to extradite Shakur, who was born Joanne Chesimard, from Cuba, without success.

Cuban officials said she died in Havana of health complications and old age.

This is a developing story. Check back for updates.

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Developing storm may hit Carolinas as a hurricane next week: Latest forecast

Developing storm may hit Carolinas as a hurricane next week: Latest forecast
Developing storm may hit Carolinas as a hurricane next week: Latest forecast
Tropical Outlook – Atlantic Basin Map (ABC News)

(NEW YORK) — A new tropical system may hit the Carolinas as a hurricane next week, bringing significant flooding with it.

The system — which will be named Imelda — could strengthen to a tropical storm on Saturday and may become a hurricane on Sunday or Monday.

The system will move through the Bahamas this weekend and then turn north. While the track remains uncertain, impacts to the Southeast coast are expected.

By Monday afternoon and Tuesday, the storm’s center is forecast to be near the South Carolina coast. The heaviest rain and strongest winds would be in play from South Carolina to Virginia, with storm surge and coastal flooding also possible

The system will also interact with a stationary front along the coast, which could stall the storm and allow for several days of rainfall.

Flooding is the greatest risk and damaging winds and storm surge are also possible, depending on how strong the storm is as it approaches the coast.

If Imelda forms, it could become a Category 1 or 2 hurricane, but a major hurricane — Category 3 or higher — is not expected at this time.

Charleston officials are bracing for a potential impact, announcing Thursday that stormwater pumps have been deployed, high-water vehicles are being readied and the city is working on a sandbag plan.

“We have also ordered that all the lakes be lowered,” Mayor William Cogswell said at an emergency city council meeting.

“Even though this has not formed yet, we are treating it as if we’re expecting some kind of impact,” Charleston Chief Fire Marshal Michael Julazadeh added. “We don’t want to downplay the scenario — we want everybody to begin to prepare.”

Meanwhile, Hurricane Humberto is churning in the Atlantic as a Category 1 storm and may strengthen to a major hurricane this weekend.

Humberto is expected to move west of Bermuda on Tuesday and Wednesday and stay hundreds of miles away from the U.S., eventually turning northwest and going out to sea without making landfall.

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Netanyahu speech at United Nations begins with walkout from many delegates

Netanyahu speech at United Nations begins with walkout from many delegates
Netanyahu speech at United Nations begins with walkout from many delegates
Prime Minister of Israel Benjamin Netanyahu speaks during the United Nations General Assembly (UNGA) at the United Nations headquarters on September 26, 2025 in New York City (Photo by Michael M. Santiago/Getty Images)

(NEW YORK) — After being repeatedly condemned as a war criminal by other world leaders during the United Nations General Assembly’s current meeting in New YorkIsraeli Prime Minister Benjamin Netanyahu is now having his turn speaking on the world stage on Friday.

Many delegates walked out as Netanyahu approached the podium.

“We’re not done yet,” Netanyahu said. “The final elements, the final remnants of Hamas, are holed up in Gaza city. They vow to repeat the atrocities of Oct. 7 again and again and again, no matter how diminished their forces. That is why Israel must finish the job, that is why we want to do so as fast as possible.”

Hours before his speech, Netanyahu’s office announced his address to the U.N. General Assembly would be broadcast live on loudspeakers aimed at Gaza from the Israeli side of the border.

“As part of the informational effort, the Prime Minister’s Office has instructed civilian agencies, in cooperation with the IDF, to place loudspeakers on trucks on the Israeli side of the Gaza border only, with the aim of broadcasting Prime Minister Netanyahu’s historic speech today at the UN General Assembly in the Gaza Strip,” a statement said.

Before departing Tel Aviv on Thursday, he vowed to take a strong stance against the countries that had formally announced their support for an independent Palestinian state during the annual global summit.

“I will condemn those leaders who, instead of denouncing the murderers, rapists, and child burners, want to give them a state in the heart of the land of Israel,” he said. “This will not happen.”

“This is an important visit for the State of Israel, especially at this point in time, when over the UN podium one hears too many false voices,” Israel’s ambassador to the U.N., Danny Danon, said in a post on X.

“The prime minister’s speech at the General Assembly will strengthen our position and clarify to the world: Israel is fighting on all fronts, and its security — is not open to debate,” Danon added.

In addition to a frosty reception from heads of state opposed to Israel’s ongoing military campaign in Gaza, Netanyahu is expected to face protests while in New York.

Family members of some of the hostages held in Gaza have announced plans to demonstrate outside of the U.N. headquarters during the prime minister’s speech, calling on Netanyahu and other leaders to prioritize the release of the hostages.

An isolated Israel

Even before Netanyahu arrived in New York, Israel’s isolation at the United Nations was evident.

Qatar’s Emir Sheikh Tamim bin Hamad al-Thani labeled Israel as a “rogue government” during his speech to the assembly on Tuesday, calling the Israeli airstrike on Hamas leadership in Doha earlier this month a “treacherous attack.”

“They visit our country and plot to attack it. They negotiate with delegations and plot to assassinate the members of the negotiation teams. It is difficult to cooperate with such a mentality that does not respect the most minimum standards of cooperation,” he said. “It is impossible.”

U.N. Secretary-General António Guterres decried the war in Gaza during his remarks opening the General Debate.

“The scale of death and destruction are beyond any other conflict in my years as secretary-general,” he asserted.

“Nothing can justify the horrific Hamas terror attacks of October 7 and the taking of hostages, both of which I have repeatedly condemned. And nothing can justify the collective punishment of the Palestinian people,” Guterres added.

He also called on Israel to fully comply with provisional measures issued by the International Court of Justice, which require Israel to take steps to prevent genocide in Gaza.

The Israeli government has long held that the United Nations is biased against Israel and has denied violating international law.

However, rulings from another global tribunal — the International Criminal Court (ICC) — may have altered Netanyahu’s travel plans.

The ICC has issued an arrest warrant for the Israeli prime minister, and flight data from his journey to New York showed his plane took an indirect route to New York, avoiding the airspace of countries that could enforce the warrant.

Israel’s government has not commented on why the longer route was selected.

Both Israel and the United States are not party to the Rome Statute, which is the treaty that established the ICC and have not consented to its jurisdiction. The Trump administration has also taken several steps to penalize the ICC for issuing warrants for the arrests of Netanyahu and other top Israeli officials.

Netanyahu returns to Washington

While in the U.S., Netanyahu is also slated to meet with President Donald Trump in Washington — marking the fourth time the two have met face-to-face since Trump’s return to the White House.

This private meeting may prove much more consequential for Israel and the broader Middle East than Netanyahu’s speech on the global stage.

U.S. and Israeli officials say the leaders are expected to discuss what retaliatory actions Israel may take in response to the growing push to recognize a Palestinian state at the U.N.

The two also held a phone call on Thursday, according to the White House.

Although Trump and Netanyahu are close allies, the meeting comes at a time when both have diverging agendas. The prime minister has been contemplating annexing additional territory in the West Bank– something the president has vowed he won’t permit.

“I will not allow Israel to annex the West Bank. Nope, I will not allow it,” Trump said on Thursday. “It’s not going to happen.”

The president also expressed renewed hope for an agreement to resolve the conflict and free the hostages from Gaza, predicting it could happen “soon.”

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Authorities search for diver who went missing in waters off Hawaii coast

Authorities search for diver who went missing in waters off Hawaii coast
Authorities search for diver who went missing in waters off Hawaii coast
Bryson Higashi is seen in this undated photo provided by the U.S. Coast Guard. (U.S. Coast Guard)

(KAUAI, Hawaii) — Authorities in Hawaii say they are looking for a 44-year-old diver who was last seen on Tuesday in the waters near Kauai in Hawaii.

Coast Guard Sector Honolulu command center watchstanders received a notification at 7:36 p.m. on Wednesday from Kauai Fire Department personnel of a possible person in the water near Hanalei Bay, according to a statement from the U.S. Coast Guard on Thursday.

The U.S. Coast Guard and partner agencies have identified the missing diver as Bryson Higashi, 44, who was last seen at 4:30 p.m. Tuesday in the Hanalei area.

“Watchstanders issued an urgent marine information broadcast and coordinated the diversion of a Coast Guard Station Kauai 45-foot Response Boat-Medium crew, an MH-65 Dolphin helicopter crew and an HC-130 Hercules airplane crew from Coast Guard Air Station Barbers Point,” authorities said. “The Coast Guard Cutter William Hart (WPC 1134) crew also diverted for the search.”

Higashi is described as being 5 feet, 11 inches tall and weighs approximately 180 pounds. His truck was discovered near Hanalei Bay after being left unattended for a full day, officials said.

A multiagency search is now underway for Higashi and includes personnel from the Coast Guard Sector Honolulu, Coast Guard Station Kauai, Coast Guard Air Station Barbers Point, Coast Guard Cutter William Hart, the Kauai Police and Fire Departments as well as Hawaii’s Department of Land and Natural Resources.

The current on-scene weather conditions of the search, according to the U.S. Coast Guard, consist of 15 mph winds, 2- to 4-foot seas with occasional showers and reduced visibility.

Anyone with information that may assist in search efforts has been asked to contact the Coast Guard immediately.

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Former FBI Director James Comey indicted days after Trump demanded his DOJ move ‘now’ to prosecute enemies

Former FBI Director James Comey indicted days after Trump demanded his DOJ move ‘now’ to prosecute enemies
Former FBI Director James Comey indicted days after Trump demanded his DOJ move ‘now’ to prosecute enemies
Former FBI Director James Comey testifies before the Senate Intelligence Committee, Washington DC, June 8, 2017. (Photo by Mark Reinstein/Corbis via Getty Images)

(WASHINGTON) — Former FBI Director James Comey was indicted Thursday on charges of making a false statement and obstruction related to his testimony before the Senate Judiciary Committee in 2020, just days after President Donald Trump issued a public demand for his Justice Department to act “now” to bring prosecutions against Comey and other political foes.

Comey has been summoned to appear for arraignment on Oct. 9.

“My heart is broken for the Department of Justice. I have great confidence in the federal judicial system and I am innocent, so let’s have a trial, and keep the faith,” Comey said in a brief video posted to his Instagram account.

The former FBI director has been charged with making a false statement to Congress and obstruction of an investigative proceeding before Congress, related to his congressional testimony regarding the FBI’s investigation into Russian interference in the 2016 election. Court records show the government’s initial indictment sheet, from which a grand jury declined to charge him for an additional count of making a false statement to Congress.

“No one is above the law,” Attorney General Pamela Bondi posted to social media following the indictment. “Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”

A statement released by the U.S. Attorney’s Office for the Eastern District of Virginia said that if convicted, Comey faces up to five years in prison. “Actual sentences for federal crimes are typically less than the maximum penalties,” the statement said.

Following the indictment, Comey’s son-in-law Troy Edwards, Jr. resigned from his post in the Eastern District of Virginia, where he was a national security prosecutor, according to an email obtained by ABC News. 

The charges follow Trump’s ousting of the U.S. attorney for the Eastern District of Virginia, Erik Siebert, who according to sources had expressed doubts internally about bringing cases against Comey, as well as New York Attorney General Letitia James, after Trump appointed him to lead the office. 

Trump then immediately moved to install Lindsey Halligan, a White House aide and his former defense attorney, to lead the office, despite her having no prior prosecutorial experience. 

Earlier this week, federal prosecutors in Virginia informed Halligan that they could not establish probable cause to charge Comey, ABC News first reported. Despite the lack of clear evidence and ethical concerns about bringing a case without clear probable cause, Halligan sought an indictment from the grand jury, sources said. 

“Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom,” said Patrick J. Fitzgerald as counsel for Comey.

In a series of social media posts over the weekend, Trump said Halligan was being appointed to the office to “get things moving,” after attacking Siebert for his resistance to bring what Trump described as a “GREAT CASE.”

“Pam Bondi is doing a GREAT job as Attorney General of the United States. She is very careful, very smart, loves our Country, but needs a tough prosecutor in the Eastern District of Virginia, like my recommendation, Lindsey Halligan, to get things moving,” Trump said. 

The charges against Comey are the most dramatic escalation yet in what critics have described as a campaign of retribution by Trump to use the powers of the federal government to enact revenge against those he believes have wronged him. 

Comey, who was fired by Trump during Trump’s first term over the investigation into Trump’s 2016 campaign and its ties to Russia, has been a vocal critic of what he says are Trump’s efforts to politicize the justice system. 

That argument is now likely to be central to Comey’s defense in his criminal case, which could prove to be a highly consequential test for both the Justice Department and the federal judiciary. 

The U.S. Attorney’s Office in the Eastern District of Virginia began investigating Comey in early August following Trump’s renewed call for prosecutions related to alleged Russian interference in the 2016 election, sources told ABC News. 

The investigation in the Eastern District of Virginia — which is being carried out concurrently in the Western District of Virginia and Eastern District of Pennsylvania — directly stemmed from FBI Director Kash Patel’s discovery of sensitive documents at the FBI headquarters related to the Russia probe, sources said.  

They said the documents prompted investigators to examine whether Comey’s testimony to Congress in September 2020, regarding Russian interference, could support charges of perjury or obstruction.

Prosecutors specifically examined Comey’s testimony about Hillary Clinton’s alleged involvement linking Trump to Russia and whether Comey authorized leaks of anonymous information to the media. 

ABC News’ Jack Date contributed to this report.

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Trump announces deal to put TikTok under control of US investors

Trump announces deal to put TikTok under control of US investors
Trump announces deal to put TikTok under control of US investors
U.S. President Donald Trump speaks during a bilateral meeting with President of Ukraine Volodymyr Zelensky at the 80th session of the UN’s General Assembly (UNGA) at the United Nations headquarters on September 23, 2025 in New York City. World leaders convened for the 80th Session of UNGA, with this year’s theme for the annual global meeting being “Better together: 80 years and more for peace, development and human rights.” (Photo by Chip Somodevilla/Getty Images)

(WASHINGTON) — President Donald Trump on Thursday announced an agreement that will pave the way for social media giant TikTok to come under the control of a group of U.S. investors.

The move comes months after a ban on the China-based app was set to take effect at the outset of this year. Instead, Trump delayed the ban multiple times and appears poised to secure the popular platform for domestic ownership.

Scrutiny has centered on the fate of TikTok’s algorithm, a proprietary formula that fuels the attention-grabbing social media platform. Vice President J.D. Vance, who stood alongside Trump during the Oval Office announcement, said the agreement would bring the algorithm “under the control of American investors,” adding that further details would be unveiled over the coming days.

“This deal really does mean Americans can use TikTok but actually use it with more confidence than they had in the past because their data is secure and it won’t be used as a propaganda weapon like it has in the past,” Vance said.

The U.S.-based version of TikTok will be valued at $14 billion, Vance said.

The agreement received approval from Chinese President Xi Jinping, Trump said. As of Thursday afternoon, China had not publicly confirmed the terms issued by the Trump administration.

Trump said tech giant Oracle would be among the U.S. investors in TikTok, but he did not disclose the full roster of new owners.

Congress passed the ban last spring with overwhelming bipartisan support, granting TikTok a 270-day window to cut its ties with China-based parent company ByteDance or face a ban.

Instead of initiating a sale, TikTok pursued a legal challenge on First Amendment grounds that failed in the Supreme Court.

The unanimous ruling from the nation’s highest court found merit in national security concerns regarding potential user data collection or content manipulation that the Chinese government might undertake.

The app became temporarily unavailable in January, before the Trump administration assured app store owners Google and Apple that law enforcement would not pursue potential violations of the law.

This is a developing story. Please check back for updates.

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ICE releases Oregon firefighter detained while protecting community from wildfire

ICE releases Oregon firefighter detained while protecting community from wildfire
ICE releases Oregon firefighter detained while protecting community from wildfire
ICE officers clash with demonstrators outside an Immigration and Customs Enforcement (ICE) facility using smoke gas and plastic bullets to disperse crowds protesting against deportations in Broadview, Illinois, United States on September 19, 2025. Several hundred protesters had gathered near the Broadview ICE center, chanting against immigration enforcement policies. (Photo by Jacek Boczarski/Anadolu via Getty Images)

(OREGON) — An Oregon firefighter is back home after spending nearly a month in immigration detention following his arrest while battling an active blaze, his legal team confirmed on Thursday.

Immigration and Customs Enforcement (ICE) released Rigoberto Hernandez, 23, from the Northwest ICE Processing Center following intervention from immigration attorneys and a federal lawsuit, according to court documents obtained by ABC News.

Hernandez was detained on Aug. 27 while working to contain the Bear Gulch Fire, documents show. Border Patrol agents, working alongside Bureau of Land Management officers, conducted immigration checks within a restricted emergency zone, his attorneys said.

Legal representatives at the Innovation Law Lab claim federal agents held Hernandez alone for more than 48 hours after he exercised his constitutional right to remain silent during questioning.

The young firefighter’s detention sparked backlash from immigration advocacy groups and his legal team, who say they argued that such enforcement actions at disaster sites violate long-standing federal policies.

Hernandez’s legal team says he has deep roots in the United States, where he has lived since 4 years old, growing up between Oregon, Washington and California.

Despite initiating the immigration process in 2018 through a U-visa application, he remains caught in extensive government processing delays, his legal team said.

On Sept. 23, immigration officials dropped their case against Hernandez, according to court records. However, the federal officials can still reopen the case in the future if they choose to do so.

The case has raised questions about immigration enforcement practices during emergency response situations. Advocacy groups argue that such arrests could deter qualified individuals from participating in critical emergency services.

Hernandez’s attorneys at Northwest Immigrant Rights Project and Innovation Law Lab said they have secured his release after filing emergency legal motions in federal court. A petition for habeas corpus remains pending.

ABC News has reached out to immigration officials for a comment.

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