Former President Donald Trump’s nominee to lead Customs and Border Protection (CBP) Rodney Scott is back in the news. A massive and growing scandal is engulfing him, igniting a volcano of grassroots enthusiasm and anger. Scott, the former chief of the U.S. Border Patrol, is equally dogged in his defense of the Trump immigration policies. He is adamantly supportive of the pledge to construct a wall on the U.S.-Mexico border. His previous efforts to stifle the important investigation that determined the death of Anastasio Hernández Rojas was a homicide have led to grave allegations of a cover-up. This controversy has deeply shaken faith in his fitness for the position.
Scott served as a top Border Patrol official in San Diego when Hernández Rojas died in 2010 after being beaten and tased by CBP agents. At the conclusion of this tragic episode—as agents moved to deport Hernández Rojas—he lost his life at their hands. Scott personally oversaw the investigation into Hernández Rojas’ death after it occurred. Now, his role in overseeing OMB is coming under fire amid new harassment allegations.
James Wong, a former deputy assistant commissioner of CBP’s office of internal affairs, has accused Scott of orchestrating a cover-up regarding the investigation into Hernández Rojas’ death. Wong expressed his concerns in a letter to the House oversight committee’s top Democrat, highlighting what he termed Scott’s troubling handling of the case.
The oversight committee’s report revealed that Scott was a member of a Border Patrol group that would frequently use the code of, “I’m 10-15 aliens in custody.” This news deepened longstanding concerns about his treatment of migrant detainees. Advocates say that Scott’s response to this particular investigation is part of a long-standing pattern of gross negligence towards the rights and safety of migrants.
Those issues are precisely why Senator Ron Wyden has voiced his opposition to Scott’s nomination. Scott’s handling of the Hernández Rojas case is “deeply troubling.” Wyden has formally requested records from the Department of Homeland Security related to the circumstances surrounding Hernández Rojas’ death and the subsequent investigation, seeking clarification on Scott’s role and decision-making processes.
In addition to these controversies, Scott has been criticized for downplaying the first Trump administration’s practice of forcibly separating migrant children from their parents at the border. This policy resulted in tremendous outcry from human rights advocates and caused wave of anger directed at the administration.
Although these allegations cast serious doubts on Scott’s qualifications to lead, he has won praise and endorsements from a number of GOP senators. And some Republicans already are on board with Scott’s nomination, most prominently Senator John Cornyn of Texas. So he knows the importance of strong leadership at CBP, especially in these trying times.
Rodney Scott has failed to respond to multiple requests for comment regarding these explosive allegations. His profound silence speaks volumes about his record of accomplishment and the meritless allegations hurled at him. His continued silence on these important issues complicates his path to confirmation even further. He’s being watched very closely by Democrats and Republicans alike.
The nomination process is open through this Friday, September 1. Perhaps most significantly, it’s still unclear how these controversies will impact Scott’s chances of becoming the next head of CBP. His leadership’s implications are severe, considering the agency’s undeniable role as the spearhead of cruel immigration enforcement and border militarization.