Trump's Nominee to Lead CBP Under Fire for Alleged Role in Death Cover-Up

President Donald Trump's nominee to lead U.S. Customs and Border Protection, Rodney Scott, is facing scrutiny over allegations that he helped shield federal agents from accountability in the 2010 death of Anastasio Hernández Rojas, an undocumented immigrant who died after a violent encounter with border agents.

The allegations have been drawn from ongoing international human rights proceedings and outlined in a recent letter by Sen. Ron Wyden (D-Ore.). The alleged incident took place when Scott was serving as deputy chief patrol agent of the San Diego Sector of Border Patrol.

Back then, Hernández Rojas, 42, was restrained, beaten, and repeatedly shocked with a Taser while handcuffed and face down near the San Ysidro Port of Entry, as detailed in a report by Capital & Main. He stopped breathing at the scene and died three days later in a hospital.

According to both Capital & Main and a separate report from The Washington Post, Scott oversaw a Border Patrol investigative team that quickly assumed control of the scene despite homicide jurisdiction falling to local police.

Sen. Wyden's letter to Department of Homeland Security Secretary Kristi Noem, sent on April 23, calls Scott's actions "deeply troubling," citing concerns that the CBP unit delayed informing the FBI, failed to preserve critical video evidence, and possibly obstructed justice:

"His actions suggest that he does not have the discretion required to lead CBP, an agency with which Americans interact every day at border ports of entry and airports in the course of regular travel. In the hands of someone who has allegedly repeatedly abused his position of power, the vast security apparatus for which CBP is responsible could be wielded for harm"

Documents submitted to the Inter-American Commission on Human Rights by the Hernández Rojas family's attorneys describe how the CBP's Critical Incident Investigative Team, an internal unit not authorized to investigate use-of-force incidents, intervened immediately after the death, allegedly tampering with evidence and withholding information from the San Diego Police Department. The Biden administration disbanded the unit in 2022 after public revelations of its role.

One former San Diego homicide detective quoted by Capital & Main described the scene as "a clusterf**k," noting that by the time local police arrived, witnesses and involved agents were gone. "[The police] report reads like a runaround," said Ron Newquist. "When you start losing videos, and you don't get the medical stuff, you could infer what you want."

Though the Department of Justice ultimately declined to prosecute, the death was ruled a homicide, and the government settled with the family for $1 million in 2017. Scott has not publicly commented on the matter. His confirmation hearing is scheduled for April 30.