WASHINGTON — President Trump’s nominee to steer U.S. Customs and Border Safety is going through scrutiny for his function in an investigation into the demise of a migrant who was brutally overwhelmed by Border Patrol brokers in 2010.
Critics allege Rodney Scott participated in a cover-up and is unqualified to steer the company. His defenders say he acted appropriately and referred to as him a high-quality alternative to go one of many largest federal businesses with greater than 60,000 staff, together with the Border Patrol and brokers at ports of entry.
Rodney Scott, who led the U.S. Border Patrol till 2021, confronted questions concerning the demise from senators Wednesday throughout a Senate Finance Committee listening to to contemplate his nomination.
“Immediately’s listening to is to find out whether or not Rodney Scott possesses that have, together with the power of character to be trusted with one of the vital important jobs in authorities,” mentioned Sen. Ron Wyden (D-Ore.). “The proof reveals that he falls brief.”
Scott was performing deputy chief patrol agent of the San Diego Border Patrol Sector when brokers making ready to deport Anastasio Hernández Rojas beat and tased him in a walkway on the San Ysidro Port of Entry till he stopped respiration, courtroom data present. He died in a hospital two days later, forsaking a spouse and 5 youngsters.
Federal officers mentioned Hernández Rojas, 42, fought with the brokers making an attempt to take away him from the nation.
Final week Wyden despatched a letter to the Division of Homeland Safety searching for paperwork associated to the demise and investigation. Homeland Safety Secretary Kristi Noem’s response Tuesday didn’t embody paperwork. She referred to as Wyden’s “uninformed” account of Scott’s alleged function within the investigation “infuriating and offensive.”
Noem mentioned Scott was not on the scene when the incident occurred, had restricted involvement with an inner investigative staff that reviewed the case, and didn’t impede exterior investigations or conceal details.
“At least seven native and federal investigatory our bodies reviewed the circumstances of Mr. Hernández Rojas’ demise, and none discovered proof of actions that had been inconsistent with legislation, regulation, or coverage,” Noem wrote.
Roxanna Altholz, director of the Human Rights Clinic at UC Berkeley Regulation, which represents the household of Hernández Rojas, mentioned in an announcement that the household has by no means obtained a full accounting of how the investigation was dealt with.
“His household has spent years asking the identical query: How can 17 brokers of the nation’s largest legislation enforcement company, Customs and Border Safety, beat to demise a person in public in entrance of dozens of eyewitnesses on videotape with out consequence?” she wrote.
In 2017, the federal government settled a federal lawsuit with Hernández Rojas’ household for $1 million.
In a landmark choice Wednesday, a world human rights fee discovered that the U.S. is accountable for Hernández Rojas’ killing and {that a} cover-up adopted. The Inter-American Fee on Human Rights — an autonomous judicial physique throughout the Group of American States — referred to as on the U.S. to reopen the felony investigation of the brokers concerned.
In the course of the listening to, Wyden referred to as out Noem for not producing the paperwork he requested.
“The secretary responded with a letter that mentioned Mr. Scott was mainly an ideal angel and all of the allegations in opposition to him are false, however produced zero paperwork that I requested to again it up,” Wyden mentioned. “Within the first 100 days of this administration it looks as if this company is virtually allergic to the reality.”
Earlier than Wednesday’s listening to, James Wong, a former deputy assistant commissioner of CBP’s workplace of inner affairs, wrote to Wyden with concern about Scott’s dealing with of Hernandez Rojas’ demise.
Models generally known as important incident groups (CIT), which had been disbanded in 2022, investigated use-of-force incidents within the Border Patrol. They had been “designed to mitigate legal responsibility for Border Patrol senior administration and to current Border Patrol in the absolute best mild,” Wong wrote.
The staff used an administrative subpoena, which Scott signed, to acquire Hernández Rojas’ medical data. Wong mentioned that “was blatantly illegal” as a result of “such subpoenas ought to solely be used for the very restricted function of analyzing imports and exports, not for the gathering of medical proof or to look a premises.”
“By advantage of his place, Mr. Scott would have overseen all CIT operations on the case and all CIT info would have filtered via him to CBP headquarters,” Wong wrote. “This was not an investigation, it was a cover-up — one Mr. Scott supervised.”
Noem, in her letter to Wyden, wrote that “Mr. Scott’s signature, and the execution of the executive subpoena he signed, had been in keeping with legislation and company coverage.”
In response to courtroom data, officers on the scene erased pictures and movies from witnesses’ telephones. The important incident staff declined to present San Diego police Hernández Rojas’ medical data. Footage of the scene was written over with new recordings.
Sen. Mike Crapo (R-Idaho) requested Scott whether or not he did “something in that case to intrude with the investigation.”
“Completely not,” Scott replied.
Wyden additionally took challenge with different incidents in Scott’s previous, saying he has not realized from his errors.
A kind of was Scott’s membership in a personal Fb group for Border Patrol brokers with greater than 9,000 members that contained racist and sexually violent posts.
Wyden additionally cited Scott’s response to a former Border Patrol agent and survivor of sexual assault who posted criticism of Scott on X.
Scott responded with a submit of his personal:
“I investigated all of your allegations. Not a crumb of proof could possibly be discovered to help any of them. However I did discover out lots about you. Lean again, shut your eyes and simply benefit from the present.”
A decide referred to as Scott’s submit “a basic rape risk” however discovered it fell wanting being an imminent risk of violence.
Scott defended his report, saying he has been clear all through his profession. He mentioned he apologized to the previous agent for his submit, calling it “a weak second” that wasn’t meant to be threatening.
“Everyone makes errors,” he mentioned. “I consider those I’ve made had been very minor. We study from them and transfer ahead.”
The Biden administration compelled Scott out of his function at Border Patrol in 2021 after he objected to directives to cease utilizing phrases equivalent to “unlawful alien.”
On Wednesday, each Democrats and Republicans congratulated Scott on his nomination. Sen. Ron Johnson (R-Wis.) recommended that the try to stop his nomination from shifting ahead wouldn’t succeed.
“I apologize for the smear marketing campaign,” he advised Scott.
