The Anastasio Hernández Rojas Case: A Decade of Scrutiny

The death of Anastasio Hernández Rojas occurred on May 28, 2010, at the San Ysidro Port of Entry. According to reports and witness accounts, Hernández Rojas was repeatedly Tasered, punched, and kicked by Border Patrol agents after allegedly resisting arrest. The incident was partially captured on video, sparking immediate controversy and calls for an independent investigation.

Initial investigations by CBP and the Department of Homeland Security’s Office of Inspector General (OIG) were criticized for being incomplete and biased. Critics argued that the investigations failed to adequately address the allegations of excessive force and attempted to justify the agents’ actions. The case became a focal point for human rights organizations and immigration advocates who accused the Border Patrol of a pattern of impunity and a lack of accountability for misconduct.

The timing of the documentary’s release is particularly noteworthy, given Rodney Scott’s current position as CBP chief. His leadership has been marked by a continuation of controversial border policies and increased scrutiny over the agency’s use of force. The film raises questions about whether Scott’s past involvement in the Hernández Rojas case influenced his approach to oversight and accountability within CBP.

Did the initial investigations into Hernández Rojas’s death adequately address concerns about excessive force? And what implications does Scott’s past role have for the future of border security and accountability?

The case also highlights the broader issue of deaths in U.S. immigration custody. The American Civil Liberties Union (ACLU) has documented numerous instances of preventable deaths in detention centers and at the border, often linked to inadequate medical care and abusive treatment. Human Rights Watch has similarly reported on the systemic failures that contribute to these tragedies.

Frequently Asked Questions About the Anastasio Hernández Rojas Case

• What is the central claim of the Critical Incident: Death at the Border documentary?

  The documentary alleges that Anastasio Hernández Rojas was subjected to excessive force by Border Patrol agents and that a subsequent cover-up was orchestrated to protect those responsible, reaching the highest levels of the agency.

• Who was Rodney Scott during the time of Anastasio Hernández Rojas’s death?

  Rodney Scott was the deputy chief of the San Diego sector of the Border Patrol. He is now the chief of Customs and Border Protection.

• What were the initial findings of the investigations into Hernández Rojas’s death?

  Initial investigations by CBP and the Department of Homeland Security’s OIG were widely criticized for being incomplete and potentially biased, failing to fully address allegations of excessive force.

• What role do human rights organizations play in cases like this?

  Organizations like the ACLU and Human Rights Watch advocate for accountability and transparency in cases of alleged abuse by law enforcement, and they often conduct independent investigations and provide legal representation to victims and their families.

• How does this case relate to broader concerns about deaths in immigration custody?

  The Hernández Rojas case is part of a larger pattern of deaths in U.S. immigration custody, often linked to inadequate medical care, abusive treatment, and systemic failures within the immigration system.