A new documentary airing on HBO revisits the tragic events surrounding the 2010 death of Anastasio Hernández-Rojas, an undocumented immigrant from Mexico, who died while in the custody of Border Patrol agents at the San Ysidro Port of Entry.

Titled “Critical Incident: Death at the Border,” the film explores the circumstances of Hernández-Rojas’s death, highlighting the role of the Border Patrol and the controversial investigation that followed. Andrea Guerrero, the executive director of Alliance San Diego, a human rights advocacy group, has characterized the investigation as a “cover up.”

For over a decade, Alliance San Diego has been dedicated to seeking justice for Hernández-Rojas and his family, advocating for accountability and transparency.

“Anastasio was a long-standing member of the San Diego community. He was a husband and father to five children who are U.S. citizens,” Guerrero stated, emphasizing his deep ties to the area.

“Anastasio was a long-time resident of San Diego. He had a wife, five U.S. citizen children born here and was a member of the community,” Guerrero said.

Hernández encountered the Border Patrol agents after trying to enter the country illegally; he had been deported days prior to the incident.

“Anastasio was tragically tortured, beaten, kicked, stomped, and killed by border agents,” Guerrero said. “Unfortunately, that was only the first part of the story — the second part was the cover-up.”

According to Guerrero, the Critical Incident Team that was sent to investigate Hernández’s death tried to exonerate U.S. Customs and Border Protection along with the agents involved of any civil and criminal liability.

“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,” Guerrero said. “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.”

Guerrero stated they came across the investigation results while researching legal measures against the agents and discovered these criminal incident teams had been involved in other border-related incidents over many years.

In 2022, CBP disbanded the Critical Incident Teams, and the Inter-American Court of Human Rights held a hearing on the Hernandez-Rojas case, ultimately calling for the reopening of the matter while recognizing that Hernández’s human rights had been violated.

“The HBO documentary is so timely because it exposes what unchecked power looks like at the largest law enforcement agency in the country and it reminds us what the consequences are,” said Guerrero.

HBO reached out to Alliance San Diego a few years ago about conducting its own investigation, according to Guerrero.

“That’s not just a documentary, but it’s also investigative journalism,” Guerrero said.

Neither CBP nor Border Patrol provided comment about the HBO film, which began airing on Monday.

In May 2024, the U.S. Office of Government Accountability Office issued a report stating that the units “were widespread — used in seven of nine U.S. Border Patrol sectors, including San Diego, on the southwest border — and operated for years with little to no oversight.” The GAO’s report suggested that CBP take additional steps to strengthen its response to incidents involving its personnel.

In response to the 2024 GAO report, CBP issued a statement saying in part: “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.”