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Trump pick to lead CBP accused of 'cover-up' over death of man at California border

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Trump pick to lead CBP accused of 'cover-up' over death of man at California border

President Trump’s nominee to lead U.S. Customs and Border Protection is facing scrutiny for his role in an investigation into the death of a migrant who was brutally beaten by Border Patrol agents in 2010.

Critics allege Rodney Scott participated in a cover-up and is unqualified to lead the agency. His defenders say he acted appropriately and called him a fine choice to head one of the largest federal agencies with more than 60,000 employees, including the Border Patrol and agents at ports of entry.

Rodney Scott, who led the U.S. Border Patrol until 2021, faced questions about the death from senators Wednesday during a Senate Finance Committee hearing to consider his nomination.

“Today’s hearing is to determine whether Rodney Scott possesses that experience, along with the strength of character to be trusted with one of the most essential jobs in government,” said Sen. Ron Wyden (D-Ore.). “The evidence shows that he falls short.”

Scott was acting deputy chief patrol agent of the San Diego Border Patrol Sector when agents preparing to deport Anastasio Hernández Rojas beat and tased him in a walkway at the San Ysidro Port of Entry until he stopped breathing, court records show. He died in a hospital two days later, leaving behind a wife and five children.

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Federal officials said Hernández Rojas, 42, fought with the agents attempting to remove him from the country.

Last week Wyden sent a letter to the Department of Homeland Security seeking documents related to the death and investigation. Homeland Security Secretary Kristi Noem’s response Tuesday did not include documents. She called Wyden’s “uninformed” account of Scott’s alleged role in the investigation “infuriating and offensive.”

Noem said Scott was not at the scene when the incident occurred, had limited involvement with an internal investigative team that reviewed the case, and didn’t impede external investigations or conceal facts.

“No less than seven local and federal investigatory bodies reviewed the circumstances of Mr. Hernández Rojas’ death, and none found evidence of actions that were inconsistent with law, regulation, or policy,” Noem wrote.

Roxanna Altholz, director of the Human Rights Clinic at UC Berkeley Law, which represents the family of Hernández Rojas, said in a statement that the family has never received a full accounting of how the investigation was handled.

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“His family has spent years asking the same question: How can 17 agents of the nation’s largest law enforcement agency, Customs and Border Protection, beat to death a man in public in front of dozens of eyewitnesses on videotape without consequence?” she wrote.

In 2017, the government settled a federal lawsuit with Hernández Rojas’ family for $1 million.

In a landmark decision Wednesday, an international human rights commission found that the U.S. is responsible for Hernández Rojas’ killing and that a cover-up followed. The Inter-American Commission on Human Rights — an autonomous judicial body within the Organization of American States — called on the U.S. to reopen the criminal investigation of the agents involved.

During the hearing, Wyden called out Noem for not producing the documents 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 zero documents that I requested to back it up,” Wyden said. “In the first 100 days of this administration it seems like this agency is practically allergic to the truth.”

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Before Wednesday’s hearing, James Wong, a former deputy assistant commissioner of CBP’s office of internal affairs, wrote to Wyden with concern about Scott’s handling of Hernandez Rojas’ death.

Units known as critical incident teams (CIT), which were disbanded in 2022, investigated use-of-force incidents in the Border Patrol. They were “designed to mitigate liability for Border Patrol senior management and to present Border Patrol in the best possible light,” Wong wrote.

The team used an administrative subpoena, which Scott signed, to obtain Hernández Rojas’ medical records. Wong said that “was blatantly unlawful” because “such subpoenas should only be used for the very limited purpose of examining imports and exports, not for the collection of medical evidence or to search a premises.”

“By virtue of his position, Mr. Scott would have overseen all CIT operations on the case and all CIT information would have filtered through him to CBP headquarters,” Wong wrote. “This was not an investigation, it was a cover-up — one Mr. Scott supervised.”

Noem, in her letter to Wyden, wrote that “Mr. Scott’s signature, and the execution of the administrative subpoena he signed, were consistent with law and agency policy.”

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According to court records, officials at the scene erased photos and videos from witnesses’ phones. The critical incident team declined to give San Diego police Hernández Rojas’ medical records. Footage of the scene was written over with new recordings.

Sen. Mike Crapo (R-Idaho) asked Scott whether he did “anything in that case to interfere with the investigation.”

“Absolutely not,” Scott replied.

Wyden also took issue with other incidents in Scott’s past, saying he has not learned from his mistakes.

One of those was Scott’s membership in a private Facebook group for Border Patrol agents with more than 9,000 members that contained racist and sexually violent posts.

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Wyden also cited Scott’s response to a former Border Patrol agent and survivor of sexual assault who posted criticism of Scott on X.

Scott responded with a post of his own:

“I investigated all your allegations. Not a crumb of evidence could be found to support any of them. But I did find out a lot about you. Lean back, close your eyes and just enjoy the show.”

A judge called Scott’s post “a classic rape threat” but found it fell short of being an imminent threat of violence.

Scott defended his record, saying he has been transparent throughout his career. He said he apologized to the former agent for his post, calling it “a weak moment” that wasn’t meant to be threatening.

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“Everybody makes mistakes,” he said. “I believe the ones I’ve made were very minor. We learn from them and move forward.”

The Biden administration forced Scott out of his role at Border Patrol in 2021 after he objected to directives to stop using terms such as “illegal alien.”

On Wednesday, both Democrats and Republicans congratulated Scott on his nomination. Sen. Ron Johnson (R-Wis.) suggested that the attempt to prevent his nomination from moving forward wouldn’t succeed.

“I apologize for the smear campaign,” he told Scott.

Scott’s nomination hearing comes as Republicans advance budget legislation in the House and Senate that would provide billions of dollars to CBP. Illegal border crossings have plummeted over the last few months, federal data show.

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The Trump administration eliminated many internal oversight bodies in Homeland Security, including the DHS Office for Civil Rights and Civil Liberties, which investigated allegations of wrongdoing.

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EXCLUSIVE: ICE says El Paso detention facility will stay open under new contractor after $1.2B deal scrapped

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EXCLUSIVE: ICE says El Paso detention facility will stay open under new contractor after .2B deal scrapped

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EXCLUSIVE: Immigration and Customs Enforcement (ICE) said Camp East Montana in El Paso, Texas will remain open and is undergoing an operational upgrade, Fox News Digital has learned.

“Camp East Montana is NOT closing, quite the opposite,” an ICE spokesperson exclusively told Fox News Digital Tuesday.

“Rather, ICE has contracted with a new provider following Secretary Noem’s termination of the old contract inherited from the Department of War. ICE is always looking at ways to improve our detention facilities to ensure we are providing the best care to illegal aliens in our custody.”

Camp East Montana is photographed Friday, March 6, 2026, in El Paso, Texas. (Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)

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BLUE-STATE GOVERNORS MOVE TO KEEP HEAT ON NOEM AS DHS FIRES BACK

The spokesperson said the new contract will allow the facility to maintain what the agency described as the “highest detention standards” while expanding oversight.

According to ICE, the new contractor will also provide increased on-site medical care, additional staffing and a “PRECISE quality assurance surveillance plan.”

The agency said the updated agreement also strengthens ICE’s direct oversight of operations at the El Paso-area facility.

“Far from closing, Camp East Montana is upgrading,” the spokesperson said.

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El Paso immigration facility faces scrutiny but ICE says Camp East Montana is upgrading, not closing, after the $1.2 billion contract termination. (Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)

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The news that the facility will remain open comes after The Washington Post reported that the facility could face closure amid scrutiny over operations.

A document was distributed to ICE staff, the Post reports, indicated that the agency was drafting a letter to terminate the facility’s $1.2 billion contract at an unspecified date.

ICE officials, however, characterized the contract termination as a deliberate effort by Noem to raise standards and improve services.

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Camp East Montana is photographed Friday, March 6, 2026, in El Paso, Texas, as a bus enters the detention center.
(Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)

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The facility, located at Fort Bliss in Texas, has been used to house thousands of detainees as part of the Trump administration’s immigration enforcement efforts.

ICE did not immediately provide details on the identity of the new contractor or the timeline for full implementation.

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War with Iran fuels Russian oil boom — and trouble for Ukraine

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War with Iran fuels Russian oil boom — and trouble for Ukraine

Russia is emerging as one of the few early economic beneficiaries of the war with Iran, as disruptions to energy infrastructure drive up demand for Russian exports and the world casts its gaze to the Middle East and away from Moscow’s war in Ukraine.

The U.S. and its European counterparts slapped severe sanctions on Russia in March 2022, barely a month into Russian President Vladimir Putin’s full-scale invasion of Ukraine. The effect was a stranglehold on Russia’s exports, depriving Putin’s war effort of at least $500 billion, experts say. But over the last week, as President Trump’s war in the Middle East choked energy markets worldwide, the White House began easing its restrictions on Moscow.

“It is traitorous conduct for you to help Russia,” California Rep. Ted Lieu (D-Torrance) said on X, demanding the Trump administration reverse course. “Russia is giving intelligence info to Iran that helps Iran target American forces.”

Crude droplets rained over Tehran after Israeli airstrikes decimated oil depots, draping the Iranian capital in a dense smog. Iranian counterattacks have also targeted refineries and oil fields in Saudi Arabia and Bahrain. Crude oil prices have surged, and traffic through the Strait of Hormuz has all but ceased, sending energy importers in search of alternate sources.

Those spikes are giving Russia, one of the world’s largest oil and gas exporters, a rare advantage. After spending a decade as the world’s most sanctioned nation over his aggression in Ukraine, Putin is finally starting to regain some leverage in global markets.

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“In the current economic situation, if we refocus now on those markets that need increased supplies, we can gain a foothold there,” Putin said at a meeting at the Kremlin on Monday, according to Russian state media. “It’s important for Russian energy companies to take advantage of the current situation.”

On March 4, the Treasury Department issued a temporary 30-day waiver allowing Indian refiners to purchase Russian oil. The appeal by the Trump administration was described as a way to ease demand for Mideast oil, but was criticized as a reversal of sanctions placed against Putin meant to deny him the capital needed to fund his occupation of eastern Ukraine.

Now, Moscow is poised to press that advantage further, after Trump said Monday he will further lift sanctions on oil-producing countries to ease the trade friction and reintroduce additional oil and gas supplies. The only countries with U.S. oil sanctions are Russia, Iran and Venezuela.

“So, we have sanctions on some countries. We’re going to take those sanctions off until this straightens out,” Trump said at a news conference at his golf club in Doral, Fla. “Then, who knows, maybe we won’t have to put them on — they’ll be so much peace.”

The surprise concession to Moscow comes as reports suggest Russia is assisting Iran in targeting U.S. personnel.

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Trump’s announcement followed an unscheduled hourlong call with Putin about the situation in the Middle East.

The war has also set the stage for Russia to make gains in Ukraine, as hostilities draw the global spotlight away from Kyiv and its struggle to hold back the bigger Russian army. U.S.-brokered talks between the two adversaries have been sidelined as Washington shifts focus to its war in Iran.

“At the moment, the partners’ priority and all attention are focused on the situation around Iran,” Ukrainian President Volodymyr Zelensky said on X. “We see that the Russians are now trying to manipulate the situation in the Middle East and the Gulf region to the benefit of their aggression.”

Putin is unlikely to intervene militarily on Iran’s behalf, according to Robert English, an international foreign policy expert at USC. Instead, Putin is expected to play his position carefully, reap the economic rewards, and keep focused firmly on Ukraine at a time when key air defense systems are diverted from Ukraine to the Persian Gulf.

“Russia is winning the Iran-U.S.-Israel war, at least so far. Oil and natural gas prices have soared, filling Putin’s Ukraine war chest,” he said. “Russia is gathering forces for a big spring offensive in Eastern Ukraine, and it’s not even front-page news.”

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Ukraine has dispatched drone interceptors and ordered its anti-drone experts to pivot from their war with Russia to help Western allies help intercept Iranian attacks. Zelensky’s allegiance may not pay off, English said.

“When will Ukraine see the benefits of helping the U.S. with anti-drone technology? No time soon, apparently,” he said.

Even several weeks of interruption in Gulf energy supplies could bring the largest windfall to Russia, the Associated Press reported, citing energy analysts.

The economic turmoil caused by the war has exposed vulnerabilities in Europe’s energy system, particularly its lingering dependence on Russian fuel.

Despite sanctions, the European Union remains a major purchaser of Russian natural gas and crude oil. Russian gas accounted for approximately 19% of E.U. gas imports in 2025. Allied Europeans have agreed to completely stop importing Russian liquefied natural gas, oil and pipeline gas by late 2027.

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Putin expressed no desire Monday to rescue the European market now that U.S.-Israeli escalations and Iranian retaliation have choked oil production and shipping. The Russian president instead proposed to divert volumes away from the European market “to more promising areas” like the Asia-Pacific region, Slovakia and Hungary, which he said were “reliable counterparties.”

European leaders have been criticized for being “stunned, sidelined, and disunited” since hostilities began in late February. Excluded from the initial military planning by the U.S. and Israel, Europe entered the conflict with gas storage at only 30% capacity, the lowest levels in years. Instead of bold action, English said, European leaders have quarreled over internal divisions and rivalries.

“Sky-high energy prices are the underlying cause of many of these frictions, as Europe struggles now more than ever to find affordable alternatives to the cheap Russian petroleum,” English said.

Antonio Costa, president of the European Council, told European leaders in Brussels on Tuesday that rising energy prices and the world’s shifting attention risk strengthening the Kremlin at a critical moment in the war in Ukraine.

“So far, there is only one winner in this war,” Costa said. “Russia.”

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Trump stirs GOP primary drama with visit to Massie’s Kentucky home turf

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Trump stirs GOP primary drama with visit to Massie’s Kentucky home turf

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President Donald Trump is taking his feud with Rep. Thomas Massie, R-Ky., to the libertarian lawmaker’s home turf on Wednesday.

Trump is expected to hold an event in Hebron, Kentucky, on Wednesday, the Republican Party of Kentucky announced on social media Monday. It’s located in the northern part of the state’s 4th Congressional District, which Massie represents.

Massie’s primary rival, Ed Gallrein, will attend the Hebron event, his campaign confirmed to Fox News Digital on Tuesday, while deferring all other questions on the matter to the White House.

Massie himself will miss the event due to a previously scheduled official engagement, his spokesperson told Fox News Digital.

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KHANNA AND MASSIE THREATEN TO FORCE A VOTE ON IRAN AS PROSPECT OF US ATTACK LOOMS

President Donald Trump will be visiting Rep. Thomas Massie’s congressional district on Wednesday. (Win McNamee/Getty Images; Nathan Posner/Anadolu via Getty Images)

When asked about the visit, White House spokeswoman Liz Huston told Fox News Digital, “President Trump will visit the great states of Ohio and Kentucky on Wednesday to tout his economic victories and detail his Administration’s aggressive, ongoing efforts to lower prices and make America more affordable.”

The president has thrown his considerable influence behind Gallrein to unseat Massie after the GOP lawmaker publicly defied Trump on multiple occasions.

MASSIE, KHANNA TO VISIT DOJ TO REVIEW UNREDACTED EPSTEIN FILES

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Massie most recently was one of two House Republicans to vote to stop Trump’s joint operation in Iran with Israel, though the legislation was successfully blocked by the majority of GOP lawmakers and a handful of Democrats.

Ed Gallrein, left, seen with President Donald Trump in the Oval Office at the White House. (Ed Gallrein congressional campaign)

He was also one of two Republicans to vote against Trump’s “big, beautiful bill” last year.

Trump in turn has hurled a slew of personal attacks against Massie, including calling him “weak and pathetic” in a statement endorsing Gallrein in October.

“He only votes against the Republican Party, making life very easy for the Radical Left. Unlike ‘lightweight’ Massie, a totally ineffective LOSER who has failed us so badly, CAPTAIN ED GALLREIN IS A WINNER WHO WILL NOT LET YOU DOWN,” Trump posted on Truth Social at the time, one of numerous criticisms targeting the Kentucky Republican through the years.

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He called Massie the “worst Republican congressman” in July amid Massie’s bipartisan push to force the Department of Justice (DOJ) to release its files on Jeffrey Epstein.

Then-Rep. Marjorie Taylor Greene, a Republican from Georgia, Rep. Thomas Massie, a Republican from Kentucky, and Rep. Ro Khanna, a Democrat from California, during a news conference outside the U.S. Capitol in Washington, D.C., on Tuesday, Nov. 18, 2025. (Graeme Sloan/Bloomberg via Getty Images)

But Massie has so far appeared to defy political gravity despite making political enemies out of both Trump and House GOP leaders.

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He handily defeated multiple primary challengers in 2024 and 2022, despite public feuds with Trump, and has served his district since 2012.

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Gallrein is a retired Navy SEAL and farmer who launched his campaign days after Trump made his endorsement. Their primary election day is May 19.

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