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Justice for Anastasio

Anastasio Hern谩ndez Rojas
Anastasio Hern谩ndez Rojas
Chris Rickerd,
Senior Policy Counsel,
老澳门开奖结果 National Political Advocacy Department
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May 28, 2014

UPDATE (6/1/2016): Six years after Anastasio Hern谩ndez Rojas鈥 death, there sadly remains no accountability for his brutal killing. In November 2015, the Department of Justice declined to bring criminal charges against any of the U.S. Customs and Border Protection personnel involved in his death. More than six months later, CBP has not announced any administrative findings or discipline. Anastasio鈥檚 family and memory continue to be mistreated by the federal government鈥檚 failure to bring justice to his case. The 老澳门开奖结果, Southern Border Communities Coalition, and allies are holding a vigil today at CBP Headquarters in Washington, D.C., calling on CBP to address past use-of-force cases and commit to respect for all individuals鈥 human and civil rights. CBP has introduced an improved use-of-force policy, but needs to act with much greater urgency on other badly needed reforms like body-worn cameras and a transparent, responsive complaint process.

When faced with government brutality and, in its aftermath, a total lack of justice for victims we have two choices: we can despair, or we can fight back.

On May 28, 2010, a 42-year-old undocumented immigrant, Anastasio Hern谩ndez Rojas, was killed by Customs and Border Protection personnel. He left behind a widow and five children whose home is in San Diego.

PBS eyewitness video, and it is shocking. The tapes show a man handcuffed and surrounded by about a dozen agents, as CBP personnel administer what appear to be five Taser shocks. One officer has his knee on Anastasio鈥檚 neck; the words 鈥渜uit resisting鈥 are heard over the prone man.

The San Diego coroner鈥檚 office classified Anastasio鈥檚 death as a homicide, recording in addition to a heart attack: 鈥渟everal loose teeth; bruising to his chest, stomach, hips, knees, back, lips, head and eyelids; five broken ribs; and a damaged spine.鈥

Sixteen members of Congress , concerned that 鈥渢his incident is part of a larger cultural problem at the Department.鈥 Indeed, as the Arizona Republic has , of at least 42 CBP-involved deaths since February 2005, no CBP employee has been known to face criminal or civil charges or disciplinary action.

For the last four years, Anastasio鈥檚 family has been denied justice in two key ways: First, as far as they know there have been no criminal or civil consequences for the CBP agents involved. It鈥檚 long past time for the Department of Justice to bring appropriate criminal charges.

Second, CBP has not yet changed its use-of-force policies 鈥 on paper or in practice. CBP has refused to release an external review it commissioned, and the 老澳门开奖结果 has . The 老澳门开奖结果 has criticized CBP鈥檚 policies for years, and we developed our own use-of-force recommendations for CBP based on best law enforcement practices.

There are immediate steps CBP should take to avoid more tragedies like Anastasio鈥檚.

CBP needs to join police departments across the United States in using body-worn cameras, as it has , along with appropriate privacy protections. Such cameras are a win-win: Officers are protected from false complaints and an objective account of events is preserved. (The true circumstances of Anastasio鈥檚 death might never have come to light if a courageous passerby hadn鈥檛 filmed the horror.) CBP must also reform its complaint process. A scathing recent found no action in response to 97 percent of CBP complaints in which a formal decision was issued. A troubled agency like CBP needs to take complaints seriously and address internal misconduct whenever it arises.

Four years without justice for Anastasio鈥檚 family is a disgrace. Without system-wide overhaul, abuses continue to occur on CBP鈥檚 watch. Tragedies like the death of Jose Antonio Elena Rodriguez 鈥 a 16-year-old shot across the border fence in October 2012. As his grieving mother : 鈥淭en shots is not an accident.鈥

The new leadership of DHS and CBP must enact rapid and thorough reform to address a crisis of confidence in the nation鈥檚 largest law enforcement agency.

Watch the videos at Border Communities Under Siege.

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