Wyden Opposes the Nomination of Rodney Scott to Lead CBP
As Prepared for Delivery
Watch a video of Wyden deliver his remarks here
I rise to oppose the nomination of Rodney Scott to lead the U.S. Customs and Border Protection agency. This is yet another appalling nomination from the Trump administration. As a senior federal official, agents in Mr. Scott’s direct chain of command tried to cover up their culpability in the beating death of a man in their custody, with his help. His record is disqualifying for someone seeking one of the most important law enforcement posts in our nation.
U.S. Customs and Border Protection has extraordinary discretion to conduct searches of Americans’ belongings and phones, to interrogate American citizens at border crossings and to seize illicit goods. This agency has more than 60,000 employees.
Leading this agency requires someone whose judgement and character are unquestioned.
Mr. Scott does not meet that bar.
In 2010, Mr. Scott led the San Diego Sector of the Border Patrol, a position that included oversight of a unit that tampered with evidence after agents beat and tased Anastasio Hernández Rojas while in their custody. He died of those injuries soon after.
This unit taped over recordings of the incident and served an illegal subpoena on the hospital for the man’s medical records, then refused to share them with local law enforcement. This is according to allegations filed with the Inter-American Human Rights Commission of the Organization of American States, and by police investigators.
These actions were so egregious the human rights commission concluded a few weeks ago that the U.S. government violated Mr. Hernandez Rojas’s family’s right of access to justice.
I ask unanimous consent to enter the Critical Incident Team’s and DHS Inspector General’s reports about this incident, first obtained by the Project on Government Oversight, into the record.
Mr. Scott admitted before the Finance Committee that he signed the illegal subpoena and expressed no remorse for his actions. He appears so unfazed by these allegations of brazen lawlessness that it seems inevitable he will sanction similar abuses of power if he is confirmed to lead CBP.
Since Donald Trump took office, on far too many occasions CBP has shown contempt for Americans’ constitutional rights.
For example, in Texas, a 10-year-old U.S. citizen was left in Mexico with her family after being stopped by CBP on her way to a doctor’s appointment for brain cancer treatment.
In Washington, CBP detained a family of six, including a pregnant mother, who was still breastfeeding her baby, a U.S. citizen. CBP held them in a windowless cell for 24 days. They had no access to due process or ability to contest their detention.
In Arizona, a 19-year-old U.S. citizen with intellectual disabilities—who has difficulty speaking, writing, and reading— was arrested by CBP and charged with illegal entry, despite being an American. CBP kept him detained for 10 days.
There are countless gut-wrenching stories like this. Courts have already raised concerns about CBP’s inability to uphold the Constitution.
America needs strong enforcement at the border to protect our people against criminals and drug traffickers, but that doesn’t have to come at the expense of violating Americans’ constitutional rights.
Our country does not need a border agency that indiscriminately violates the rights of Americans, or that feels like it is above due process and above the law. That won’t make our country safer, it will only lead to corruption, more wrongful arrests and more wrongful deaths.
Americans do not need to choose between security and our rights - we can have both, as Benjamin Franklin said. I fear that confirming Mr. Scott will make our country less secure and less free. For that reason I will oppose his nomination.
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