President Donald Trump’s nomination for the Customs and Border Protection commissioner, Rodney Scott, is currently under congressional scrutiny. Scott, a veteran Border Patrol agent, held the position of chief during Trump’s first term and briefly under President Joe Biden.
Scott’s track record, particularly the 2010 incident at the San Ysidro border crossing in San Diego, has been a focal point of questioning. The case involves Anastasio Hernández-Rojas, an undocumented immigrant who died after an altercation with Border Patrol agents. At the time, Scott was the sector chief in San Diego.
During a Senate Finance Committee hearing, Senator Ron Wyden from Oregon highlighted the handling of the case. Wyden criticized that, instead of following standard procedure by involving external investigators, the local CBP office conducted its own investigation. He accused the agency of erasing video evidence and withholding medical records from local police, citing a letter from a former CBP official expressing concerns about Scott’s nomination.
In contrast, Idaho Republican Senator Mike Crapo noted that multiple reviews, including those by seven investigative bodies and U.S. Attorney General Pam Bondi, found no criminal liability on the part of the agents involved.
Although Hernández-Rojas’ family reached a financial settlement with the government, the Justice Department chose not to file criminal charges against the agents. Meanwhile, the Inter-American Commission on Human Rights (IACHR), based in Costa Rica, recently ruled that the U.S. government bore responsibility for the death, urging for a renewed investigation.
The IACHR’s findings highlighted that the use of force against Hernández-Rojas was unnecessary and excessive, as he was unarmed and restrained. The report described the use of Tasers as torture and pointed out the denial of necessary medical care, stressing the state’s duty to ensure health rights for detained individuals. The commission concluded that his death resulted from state-agent violence.
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