President-Elect Trump has nominated Rodney Scott as the next commissioner of Customs and Border Protection (CBP), the U.S. government’s leading border security agency, which includes Border Patrol and runs official border crossings from the Mexico border to ports and airports. Scott, a career Border Patrol agent, was chief of the Patrol during the last year of the Trump administration and the first few months of the Biden administration, which dismissed him.

In 2023, I launched a website that tracks allegations of abuse, corruption, and misconduct at U.S. border agencies through an online database. (This project has fallen out of date because it lacks funding—a grant ran out in early 2024. I’m working to convince philanthropic organizations to back the 10-12 expert person-hours per week that its upkeep would require, but I’ve had no luck so far.)

Rodney Scott comes up four times in this database. The often troubling events and allegations are below.

Late November 2021: Rodney Scott, the Trump administration’s last Border Patrol chief who exited his position in August, faced a San Diego Superior Court judge for a September tweet in which he advised former Border Patrol agent turned activist Jenn Budd, who has recounted being raped at the Border Patrol academy, to “lean back, close your eyes, and just enjoy the show.” [On December 6, 2024 Budd wrote on BlueSky, “The judge found that he did make the rape threat, he admitted to hav[ing] CBP open an investigation on me, & I still lost the case.”] Budd also posted screenshots on Twitter showing Scott among those on private CBP and Border Patrol agents’ Facebook groups sharing images of Border Patrol shoulder patches reading “Let’s Go Brandon,” a right-wing euphemism for “F— Joe Biden.”

October 25, 2021: A strongly (and explicitly) worded report from the House of Representatives’ Committee on Oversight and Reform, issued on October 25, detailed the disciplinary process following 2019 revelations of a secret Facebook page at which CBP personnel posted racist, violent, and lewd content (original link). The Committee discovered that for most involved, consequences were light: they “had their discipline significantly reduced and continued to work with migrants” (original link)… “CBP knew about Border Patrol agents’ inappropriate posts on ‘I’m 10-15’ since 2016, three years before it was reported publicly,” the House Committee found. Among the Facebook group’s members were Border Patrol’s last two chiefs, Carla Provost (2018-2020) and Rodney Scott (2020-August 2021). Both indicated that they followed the group in order to monitor agents’ attitudes and complaints.

September 29, 2021: A letter to Justice Department leadership and the DHS Inspector-General from Alliance San Diego alleged that former Border Patrol Chief Rodney Scott, who left his post in August 2021, had violated the Ethics in Government Act. Scott established a consulting firm in July 2021, while still working for Border Patrol. On September 18, he issued a Facebook request for active-duty CBP and ICE personnel to provide information, possibly including restricted information, “to counter the lies and missinformation [sic.] that the DHS Secretary and Biden officials spew everytime they speak about the border.”

January 27, 2021: Relatives of Anastasio Hernández Rojas filed a brief before the OAS Inter-American Human Rights Commission, contending that Border Patrol covered up, and improperly interfered with the investigation of, agents’ role in Hernández’s 2010 death. Video showed numerous Border Patrol agents and CBP officers beating and tasing a hogtied and handcuffed Hernández to death. The brief contended that the acting deputy chief patrol agent in Border Patrol’s San Diego Sector at the time, Rodney Scott, signed a potentially illegal subpoena to obtain Hernández’s autopsy. (Scott went on to be Border Patrol chief from 2020 to 2021.)

In a thread on BlueSky, the CBP Watch coalition posted links to news coverage of additional allegations:

• In June 2018, during the height of the uproar over the Trump administration’s separations of migrant parents and children, Scott told Politico, “I would like to remind people too, when we look at a child in the United States and say, ‘Oh, that 14-year-old young man,’ or, ‘That’s an adult in a lot of other countries. That kid’s been working for years, may or may not have been associated with gangs.’ A lot of times, especially if there’s any kind of a use of force or a violent encounter with law enforcement, and the person’s under 18, people get this picture in their head that it’s like the kid that lives next door to you, and it’s not. Some of these kids are hardened adults, and I’m not going to say that that’s all of them. But look into it, pull the layers of the onion back a little bit more, and you’ll find out most of these stories just are not true. They’re exaggerations.”
• “Scott was chief of Border Patrol when the agency deployed BORTAC”—the agency’s elite, SWAT team-like force—“against protestors in Portland” after the killing of George Floyd in 2020.
• “Scott was also directly implicated in expelling 13,000 unaccompanied children during title 42”—the 2020-2023 policy of removing asylum seekers without an opportunity to seek protection, in the name of pandemic response—“a policy that never got the press scrutiny it deserved (with some honorable exceptions).”

There was no reason not to expect Donald Trump to nominate someone with extremely hardline views to head CBP, someone who may worsen the climate for human rights abuse at an agency that already exhibits serious institutional culture problems. That’s what has happened—and as a career official and a known quantity among the Republican senators who will hold a majority next year, Rodney Scott will probably win confirmation.

I’ll be watching the confirmation closely, along with others in the human rights and government oversight communities. We’ll note how senators vote, and expect at least some to take their oversight role seriously by raising these allegations during the confirmation process. That’s why I’m gathering them all here, to make them available in one place.