Arellano: HBO released an explosive Border Patrol documentary. Why is its star angry?

You’re HBO, and your newest merchandise is an explosive documentary astir 1 of the astir arguable sectors of the United States government: the Border Patrol. What bash you bash to get it arsenic overmuch attraction arsenic possible?

We’re seeing their strategy play retired close now.

“Critical Incident: Death astatine the Border” recounts the decease of Anastasio Hernández Rojas, a 42-year-old undocumented migrant who died successful 2010 days aft migration agents handcuffed, bushed and Tasered him adjacent the San Ysidro Port of Entry aft trying to deport him to Mexico. Border Patrol astatine the clip said they utilized unit aft Hernández Rojas, who had lived successful this state since helium was 15, resisted them.

The lawsuit drew planetary attraction and Hernández Rojas’ household received a $1-million colony from the national government, which declined to record transgression charges against those progressive successful his decease adjacent though the San Diego County coroner’s bureau ruled it a homicide. Enter John Carlos Frey, a newsman who has pursued the communicative for astir 15 years and who is 1 of the protagonists successful “Critical Incident.”

He knocks connected the doors of agents who were determination erstwhile Hernández Rojas died, discovers footage that contradicts the Border Patrol’s authoritative relationship and uncovers a secretive Border Patrol portion tasked with the “mitigation” of use-of-force incidents that was disbanded successful 2022. The documentary includes an interrogation with a whistleblower who claimed bosses told him to doc grounds to exculpate the bureau successful the decease of Hernández Rojas. It besides alleges the cover-up went each the mode up to Customs and Border Protection commissioner Rodney Scott, who was Border Patrol lawman main for the San Diego portion erstwhile Hernández Rojas died.

Scott appears adjacent the extremity of “Critical Incident” to disregard those “allegations” and declines to remark astir immoderate culpability those progressive whitethorn person had, citing ongoing litigation. “This lawsuit from implicit a decennary agone was thoroughly investigated and resolved by the Department of Justice and section instrumentality enforcement,” a Department of Homeland Security spokesperson told the Times successful a connection erstwhile I asked for remark astir the documentary’s findings. “Efforts to malign CBP and ICE officers arsenic lawbreakers are slanderous, irresponsible, and lone uncover the media’s eagerness to mislead the American people.”

“Critical Incident” is taut, disturbing, timely and a brisk hr and a half. It deserves arsenic galore viewers arsenic imaginable and a publicity run arsenic ubiquitous arsenic what HBO is presently pushing for its deed hockey romance, “Heated Rivalry.”

Instead, the web released “Critical Incident” connected Dec. 29, erstwhile astir Americans were mislaid successful a haze of Christmas leftovers, “Avengers: Endgame” reruns and assemblage shot vessel games. It’s not listed alongside different precocious released documentaries connected HBO’s website, and I wasn’t capable to find it connected the network’s streaming app’s “Just Added” tab.

Director Rick Rowley was diplomatic astir his documentary’s “difficult” merchandise date, saying helium has “limited insight” into HBO’s decision. He’s nevertheless assured “this movie is going to person a agelong beingness due to the fact that these [Border Patrol] issues are lone much pressing arsenic the days pass.”

Frey wasn’t arsenic polite: “If I was an enforcement and released it connected that date, I would beryllium fired.”

Rodney Scott, then-nominee for commissioner of U.S. Customs and Border Protection, arrives for a Senate confirmation proceeding successful April 2025.

(Stefani Reynolds / Bloomberg via Getty Images)

An HBO spokesperson pushed backmost connected Frey’s criticism, stating, “The documentary was really released during 1 of the highest usage times connected the level and we are arrogant to accidental the movie is doing precise well, adjacent showing up successful the apical 10 rail.”

In improvement for 4 years, Frey said “Critical Incident” was expected to aerial conscionable earlier the 2024 election. He showed maine a substance connection from a elder shaper attesting to that. But HBO held connected to it adjacent arsenic a Senate committee grilled Scott astir Hernández Rojas’ decease during his confirmation proceeding past April, which isn’t included successful the documentary. The documentary didn’t aerial adjacent arsenic the Border Patrol’s penetration of cities acold from the U.S.-Mexico borderline passim past twelvemonth made the communicative “Critical Incident” told much applicable than ever.

HBO “buried it connected purpose,” Frey, 56, told maine implicit meal successful Boyle Heights. He blames the existent governmental situation — specifically, Netflix’s projected $82.7-billion bid to get HBO’s genitor company, Warner Bros., which national regulators would person to approve. The past happening executives wants to bash close now, Frey argued, is choler President Trump by promoting a documentary that attacks his deportation deluge.

“They buried it connected the worst time of the twelvemonth erstwhile nary 1 is watching, and of course, they’re going to contradict it,” Frey said.

“That is, of course, not true,” the HBO spokesperson said .

Covering la migra is idiosyncratic for Frey, who grew up successful Tijuana and Imperial Beach with views of the U.S.-Mexico borderline fence. When helium was 12, a Border Patrol cause approached his parent — past a greenish paper holder — portion her lad was playing outside.

“He wouldn’t judge thing she would accidental and wouldn’t fto her spell to our location to get her documents,” Frey said. He’s of mean height, deep-voiced and barrel-chested and tends to respond to questions with questions. “Why would he? The cause deported her.”

As an adult, Frey began to screen the Border Patrol successful a post-9/11 era. Much similar today, it was rapidly expanding, and assertive tactics similar breaking car windows erstwhile the occupants weren’t resisting and agent-involved shootings were endemic. The Hernández Rojas lawsuit entered his scope aft idiosyncratic reached retired claiming they had footage of his death.

“The archetypal communicative was Anastasio became belligerent, they subdued him and helium died,” Frey said. “The lawsuit was closed, the Border Patrol had written it off.”

The root was initially excessively frightened to stock their recording, but Frey yet convinced them aft forwarding his stories astir repeated Border Patrol abuses of power. What helium saw — astir a twelve Border Patrol agents circling a prone, moaning Hernández Rojas, Tasering and punching him portion onlookers shriek astatine them to halt — near the newsman “disgusted.”

The footage yet aired connected a 2012 PBS program, which made the communicative spell national. Frey’s continued enactment connected the lawsuit yet caught the attraction of Rowley, whose documentaries connected neo-Nazi groups, the execution of Washington Post columnist Jamal Khashoggi and the War connected Terror person earned him Emmy wins and an Oscar nomination.

The documentarian wanted to analyse the Border Patrol’s impunity, and, helium said, “Anastasio’s communicative is 1 of the lone stories that takes you each the mode to the top. And you person to enactment with John if you’re going to bash the Anastasio case. He’s fearless.”

Rowley is arrogant of his last merchandise but admitted that he’s “used to having much property astir a movie release, particularly astir a movie astir ... the astir important home contented successful the country, particularly successful the past year.”

That’s what angers Frey the astir astir the merchandise of “Critical Incident.”

“The stories I utilized to perceive — ‘Border Patrol broke my windows, near maine bloodied, grabbed maine without asking immoderate questions’ — it’s present successful neighborhoods,” helium said. He twisted a napkin, tossed it into the heap of twisted napkins adjacent to his java cup.

“It’s a deliberate prime erstwhile you’re going to merchandise a documentary and how. If I were HBO and I had grounds of a execution by the feds, I would’ve led with that inmy promotion. I would deliberation that’s a selling point, particularly with the [immigration] raids. Instead, they person maine hugging idiosyncratic successful the trailer.”

Frey shook his head. “We made a bully film, but fractional the conflict is getting radical to spot it.”