The brutal 2010 killing of Anastasio Hernández Rojas at the hands of U.S. border agents has been in front of the Inter-American Commission on Human Rights (IACHR). This is hugely significant—the commission has never before looked at a case involving a death at the hands of U.S. law enforcement, KPBS reported in February.
But The Los Angeles Times reports that the Biden administration missed the Oct. 13 deadline to officially respond to evidence submitted by Hernández Rojas’ team.
“The U.S. State Department, which is responsible for representing the United States in cases before the international tribunal, said it is working to respond to the commission,” The LA Times said. But there was no clarification from the State Department as to why the government had missed the outlined deadline in what has already been an outrageous and horrific case.
Hernandez Rojas’ death was cited in an October 27 letter from a network of borderland organizations calling for an investigation into a secretive unit that has helped cover abuses by Customs and Border Protection (CBP) officers. They noted Border Patrol’s Critical Incident Teams tampered with evidence following Hernandez Rojas’ killing. Since that letter and further pressure from lawmakers, Hernandez Rojas’ survivors have also urged the San Diego district attorney to open a probe into the case.
The LA Times notes that the previous administration unsuccessfully tried to have the case dropped from the commission’s docket. The Biden administration then had its own chance to respond to evidence submitted in the case. But the deadline came and went with nothing submitted to the commission. “That means that the commission can accept as fact the information submitted during the merits phase by attorneys representing the family of Hernández Rojas,” the report said.
“If the United States does not respond in a timely and diligent manner, that is giving authoritarian regimes in the Americas permission to do the same,” IACHR suit co-counsel and UC Berkeley Law School’s International Human Rights Law Clinic co-director Roxanna Altholz told The LA Times. Failure to respond also goes against the president’s campaign commitment that immigration agents “abide by professional standards and are held accountable for inhumane treatment.”
“The filing alleges that at least eight agents from U.S. Border Patrol, Customs and Border Protection and Immigration and Customs Enforcement were involved in Hernandez-Rojas' death, while at least 10 agents worked to conceal or destroy evidence,” KPBS reported in February. Video provided by Equality Alliance of San Diego showed a gang of agents surrounding Hernandez Rojas:
“Autopsy reports confirmed that Anastasio suffered extensive injuries while in custody, including bruising and abrasions on his face and body, five broken ribs, and hemorrhaging of internal organs and neck muscles,” Alliance San Diego said. “Mr. Hernandez died after suffering a heart attack, cardiac arrest, and brain damage. His death was ruled a homicide.”
While a judge in 2017 approved a $1 million settlement for his family as part of a wrongful death lawsuit (this settlement was cited by the previous administration as a reason why the commission shouldn’t hear the case), no border agent has ever been held accountable for it.
“Our communities deserve answers, and we will not stop until we get them,” his widow, Maria Puga, tells The LA Times. “Anastasio was a husband, a father, a brother, and a son. And we honor him by fighting for our dignity, fighting for our human rights. I hope President Biden hears my plea that he acknowledges my grief and holds border agents accountable.” Altholz told The LA Times “the commission will not just determine whether the United States is responsible for the killing and coverup but also what the state must do to repair the harm it has caused.”
“One of the reasons that victims and family members and advocates appeal to the Inter-American Commission is because their decisions do have an impact,” Altholz continued.