A new documentary, “Critical Incident: Death at the Border,” examines the 2010 death of Anastasio Hernández Rojas, a 42-year-old undocumented immigrant who died after being detained by Border Patrol agents near the San Ysidro Port of Entry. The film alleges a cover-up reaching to the highest levels of Customs and Border Protection (CBP).
The Case of Anastasio Hernández Rojas
Hernández Rojas, who had lived in the United States since age 15, died days after being handcuffed, beaten, and Tasered by agents attempting to deport him to Mexico. Border Patrol officials at the time stated they used force in response to resistance from Hernández Rojas. The San Diego County coroner’s office ruled his death a homicide, yet the federal government declined to file criminal charges against the agents involved, despite the Hernández Rojas family receiving a $1-million settlement.
A 15-Year Investigation
The documentary centers on the work of journalist John Carlos Frey, who has investigated the case for nearly 15 years. Frey obtained footage contradicting the Border Patrol’s initial account of the incident and uncovered a previously secret Border Patrol unit responsible for “mitigation” of use-of-force incidents – a unit that was disbanded in 2022. “Critical Incident” also features an interview with a whistleblower alleging that superiors directed the alteration of evidence to protect the agency in Hernández Rojas’ death.
Allegations of a Cover-Up
The film alleges the cover-up extended to Rodney Scott, then-deputy chief for the San Diego region and later CBP commissioner. Scott dismissed the allegations in the documentary, citing ongoing litigation. A Department of Homeland Security spokesperson characterized efforts to criticize CBP and ICE officers as “slanderous” and “irresponsible.”
Controversial Release Strategy
Despite being described as “taut, disturbing, and timely,” the documentary was released on December 29th, a date critics argue was deliberately chosen to minimize viewership. It was not prominently featured on HBO’s website or streaming app. Director Rick Rowley acknowledged the “difficult” release date but expressed confidence in the film’s longevity. Frey, however, was more critical, stating that he would have been fired had he been responsible for the release strategy.
Frequently Asked Questions
What was the official cause of Anastasio Hernández Rojas’ death?
The San Diego County coroner’s office ruled Anastasio Hernández Rojas’ death a homicide, but the federal government declined to file criminal charges against the agents involved.
What is John Carlos Frey’s connection to the case?
John Carlos Frey is a journalist who has investigated the death of Anastasio Hernández Rojas for nearly 15 years and is a central figure in the documentary “Critical Incident: Death at the Border.”
What does the documentary allege regarding a cover-up?
The documentary alleges a cover-up that reached to the level of Customs and Border Protection commissioner Rodney Scott, with claims that evidence was altered to protect agents involved in Hernández Rojas’ death.
As the debate over border security continues, will the claims presented in “Critical Incident: Death at the Border” spark further scrutiny of Border Patrol practices and accountability?
Worth a look