Senate Finance Committee presses nominee Rodney Scott for documents on 2010 CBP custody death

Rodney Scott, President Trump’s nominee to lead U.S. Customs and Border Protection, faced repeated calls at a Senate Finance Committee hearing for documents and fuller explanations about a 2010 death in CBP custody at the San Ysidro port of entry.

The committee’s top Democrat, Sen. Ron Wyden, said the department had provided a one-paragraph defense from Secretary Kristi Noem but produced none of the underlying records he requested. "The secretary responded with a letter that said Mr. Scott was basically a perfect angel and all the allegations against him are false, but produced 0 documents that I requested to back it up," Wyden said during his opening remarks.

Why it matters: Wyden and other senators said records are necessary to evaluate whether Scott’s administrative actions during the Hernandez Rojas investigation were appropriate and lawful. Wyden and other senators pointed to a letter from a former senior CBP internal affairs official, James Wong, who wrote the committee raising "grave concerns" about how that investigation was handled and calling it a cover-up.

Committee chair Sen. Mike Crapo read aloud a letter from Secretary Noem in which he summarized the department’s position: "Contrary to what has been alleged, Mr. Scott did not impede any investigation nor did he take steps to conceal facts from investigators. No less than 7 local and federal investigatory bodies reviewed the circumstances of Mr. Hernandez Rojas' death, and none found any evidence of actions that were inconsistent with law, regulation, or policy," Crapo said, reading the letter into the record.

Crapo also summarized the administration and agency findings that the San Diego Police Department and the FBI brought no criminal charges, that the Department of Justice’s Civil Rights Division declined prosecution, and that the Department of Homeland Security’s Office of Inspector General found the force used was consistent with policy in effect at the time.

Wyden emphasized that those summaries were insufficient without the underlying case files and sought the specific documents that would show how the subpoena Mr. Scott signed was used in the inquiry. Scott told the committee he signed an administrative subpoena "for information gathering"—specifically medical records—"because the individual was in our custody when the injury and the death occurred" and said he did not interfere with the investigation.

Committee members also referenced other contested episodes in Scott’s record. Wyden noted a 2021 tweet by Scott responding to criticism from a former border-patrol agent; Wyden said a judge described the message as a "classic **** threat." Scott said at the hearing that he had met with the woman, apologized in person and before witnesses, and that he did not intend a threat.

During the hearing the committee was informed that the Inter-American Commission on Human Rights had released a document reviewing the Hernandez Rojas family’s allegations; senators said they would make that material available to members.

What the committee asked for: Wyden repeated a request for the documents underlying Secretary Noem’s letter and said his office remains "in the dark" on whether the subpoena Scott signed was legal and appropriate. "We can't carry out our responsibilities to do oversight when that's the case," Wyden said.

Scott’s position: Scott answered the committee’s four standard pre-hearing questions in the affirmative and told senators he had not participated in detaining Hernandez Rojas, had not served as a critical-incident investigator in that case, and that he signed the subpoena upon advice of counsel. He said he did not impede the investigation.

Where it stands: No vote occurred at the hearing. Wyden said his door remains open to additional materials and that senators would consider how to proceed after reviewing any documents provided by DHS. The hearing record will include the letters and materials entered by members at the hearing, including Secretary Noem’s response and the letter the ranking member said he received from the former internal affairs official.

Ending: Senators on both sides urged the department to produce the underlying records to allow the committee to evaluate Scott’s fitness for the post. Wyden said he would await the documents before deciding whether to support or oppose further action on the nomination.