At a Glance
- HBO releases documentary exposing 2010 death of undocumented immigrant at San Ysidro border.
- The film alleges a cover-up by Border Patrol agents.
- Alliance San Diego claims evidence was erased and evidence removed.
- Why it matters: The documentary shines light on unchecked law-enforcement power and ongoing investigations into border force use.
HBO’s new documentary follows the 2010 death of Anastasio Hernández-Rojas, an undocumented Mexican immigrant who was killed by Border Patrol agents at the San Ysidro Port of Entry. The film, titled Critical Incident: Death at the Border, details accounts of the Border Patrol’s involvement. The film claims a systematic cover-up of the incident and has reignited calls for accountability.
The Incident
Anastasio Hernández-Rojas was attempting to enter the United States illegally when he encountered Border Patrol agents after a prior deportation. He was reportedly tortured, beaten, kicked, stomped, and killed by the agents.
Andrea Guerrero stated:
> “Anastasio was tragically tortured, beaten, kicked, stomped, and killed by border agents. Unfortunately, that was only the first part of the story – the second part was the cover-up.”
Alleged Cover-Up
Guerrero claims that after Hernández-Rojas stopped breathing, agents removed video footage, erased cameras, cleared the crime scene, and removed Taser wires from the hospital.
Andrea Guerrero added:
> “After he died, after he stopped breathing, they went up onto the pedestrian bridge and took the video cameras off and they erased those videos. They also cleared the crime scene of any evidence … then they went to the hospital and removed all the Taser wires. They were shadow units, they were cover-up units clear and simple.”
Investigation and Legal Action
In 2022, CBP disbanded the Critical Incident Teams that had investigated the death. The Inter-American Court of Human Rights held a hearing on the case and called for the matter to be reopened, noting Hernández-Rojas’s human rights were violated.
GAO Report and CBP Response
In May 2024, the U.S. Office of Government Accountability Office released a report stating that the units were widespread, used in seven of nine U.S. Border Patrol sectors, and operated for years with little to no oversight.
| Item | Detail |
|---|---|
| GAO findings | Units used in 7 of 9 sectors, operated with little oversight |
| CBP response | Commitment to improve oversight and training |
CBP issued a statement saying:
> “CBP continually evaluates and improves upon its policies, practices, and procedures to ensure they are consistent with the law, and adhere to the highest standards. CBP has made tremendous strides improving oversight and training, and in reducing incidents involving the use of force.”
Key Takeaways
- HBO’s documentary exposes a 2010 border death cover-up.
- Alliance San Diego alleges evidence was erased and the scene cleared.
- The GAO report highlighted lack of oversight, prompting CBP to pledge improvements.
The film’s release underscores the need for transparent investigations into border enforcement actions and the ongoing fight for accountability.
