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

by

Imagine you’re HBO, and you’ve just launched a powerful new documentary exposing the often-debated world of the U.S. Border Patrol. How would you promote it to ensure everyone’s talking about it?

We’re seeing their strategy play out right now.

The documentary “Critical Incident: Death at the Border” details the 2010 death of Anastasio Hernández Rojas, a 42-year-old immigrant who had lived in the U.S. since he was a teenager. He died after being handcuffed, beaten, and shocked with a Taser by immigration agents near the San Ysidro border crossing while they attempted to deport him to Mexico. Border Patrol stated they used force because Hernández Rojas resisted arrest.

The death of Hernández Rojas gained international attention, and his family received a $1 million settlement from the government. Despite the San Diego County coroner ruling his death a homicide, federal prosecutors decided not to press criminal charges. For nearly 15 years, reporter John Carlos Frey has investigated this case, and he’s a central figure in the documentary “Critical Incident.”

California

A report submitted to the Inter-American Commission on Human Rights regarding the death of Anastasio Hernandez Rojas claims that flaws within the U.S. system enable border agents to use lethal force without facing consequences.

The film investigates the death of Hernández Rojas by interviewing people present at the time and finding video evidence that challenges the official Border Patrol version of events. It reveals a hidden Border Patrol team, shut down in 2022, that was responsible for handling use-of-force cases. A whistleblower claims supervisors ordered the alteration of evidence to clear the agency of wrongdoing in Hernández Rojas’s death. The documentary also suggests the cover-up reached the highest levels of Customs and Border Protection, implicating then-Border Patrol deputy chief Rodney Scott, who later became commissioner.

Towards the end of the “Critical Incident” documentary, Scott addresses the claims made but avoids discussing whether anyone involved was at fault, pointing to existing legal proceedings. A Department of Homeland Security representative told the Times that the case, which happened over ten years ago, was fully investigated and settled by the Department of Justice and local police. The spokesperson also stated that accusations against CBP and ICE officers are false, unfair, and demonstrate a willingness by the media to misinform the public.

“Critical Incident” is a tense, unsettling, and relevant film that moves quickly. It’s well-made and should reach a wide audience – ideally with the same level of promotion HBO is giving to its popular hockey-themed show, “Heated Rivalry.”

However, the network quietly released “Critical Incident” on December 29th, while most people were distracted by the holidays – enjoying Christmas food, watching movies, or football games. It’s not featured with other new documentaries on HBO’s website, and I couldn’t find it in the “Just Added” section of their streaming app.

Director Rick Rowley politely acknowledged the challenging timing of his documentary’s release, stating he doesn’t know much about HBO’s reasoning. However, he believes the film will remain relevant for a long time, as the issues it covers – concerning Border Patrol – are becoming increasingly important.

Frey wasn’t as polite: “If I was an executive and released it on that date, I would be fired.”

An HBO representative responded to Frey’s comments, explaining that the documentary was released during a peak viewing period and is performing strongly, even appearing among the top ten most-watched titles on the platform.

According to Frey, the documentary “Critical Incident” was originally intended to be broadcast right before the 2024 election, and he shared a text message from a top producer confirming this plan. However, HBO never aired it, even though a Senate committee questioned Scott about the death of Hernández Rojas during his confirmation hearing last April – an event not covered in the documentary itself. The delay is particularly notable because, throughout last year, increased Border Patrol activity in cities away from the border made the documentary’s subject matter even more timely.

According to 56-year-old Mark Frey, HBO deliberately downplayed the release of his documentary. He believes this is due to the current political climate and Netflix’s attempt to buy Warner Bros., HBO’s parent company – a deal needing government approval. Frey argues that HBO executives don’t want to risk upsetting President Trump by releasing a film critical of his immigration policies.

Frey stated they hid it on a particularly bad day, when they knew no one would notice, and naturally, they’ll deny everything.

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

As a longtime fan of Frey’s work, I always felt there was something deeply personal driving his coverage of immigration. He grew up right on the border, splitting his time between Tijuana and Imperial Beach, so it wasn’t just a story for him, it was his life. He once told me about a scary moment when he was twelve – a Border Patrol agent stopped his mom, who was a legal resident, while he was just playing outside. It really shaped his perspective, and you can feel that in everything he does.

According to Frey, the man refused to believe anything she told him and wouldn’t allow her to come to their home to retrieve her belongings. Frey described him as being of average height with a deep voice and a stocky build, and noted he often answered questions by asking questions of his own. Frey explained his behavior by saying, “He had deported her, so why would he do anything else?”

After 9/11, Frey started reporting on the Border Patrol as an adult. Like now, the agency was growing quickly, and controversial methods – such as breaking into vehicles even when people weren’t fighting back and agents shooting people – were common. He began investigating the death of Hernández Rojas when someone contacted him with video evidence.

According to Frey, the initial report stated that Anastasio became aggressive, officers restrained him, and he subsequently died. The case was then considered closed, and Border Patrol no longer investigated it.

World & Nation

Federal prosecutors have decided not to file charges against the U.S. agents involved in the death of a Mexican man who suffered a heart attack after being struck and tased.

At first, the person who filmed the incident was afraid to come forward, but Frey persuaded them by sharing his own experiences documenting misconduct by Border Patrol agents. The video—showing around a dozen agents surrounding and attacking Hernández Rojas, using Tasers and punches while people yelled for them to stop—deeply disturbed the reporter, who described it as disgusting.

The story gained national attention when the footage was featured on a PBS program in 2012. Frey’s ongoing investigation eventually reached Rowley, a documentary filmmaker known for his award-winning work – including Emmys and an Oscar nomination – on topics like neo-Nazi groups, the murder of journalist Jamal Khashoggi, and the War on Terror.

The filmmaker was investigating the lack of accountability within the Border Patrol. He explained that the story of Anastasio was particularly revealing, leading directly to high-ranking officials. To cover the Anastasio case effectively, he felt it was necessary to work with John, whom he described as someone who wasn’t afraid to pursue the truth.

Rowley is pleased with the finished film, but noted he’s accustomed to more media attention for a release, particularly given the film addresses a significant national issue that’s been especially relevant recently.

That’s what angers Frey the most about the release of “Critical Incident.”

He explained that the experiences people used to report – like Border Patrol damaging property, causing injuries, and making arrests without explanation – are now happening in communities everywhere. He absentmindedly twisted a napkin and threw it onto a growing pile beside his coffee.

When releasing a documentary, the way it’s presented is a conscious decision. If I were HBO and had proof of federal agents committing murder, I’d make that the central focus of my promotion – it’s a major draw, particularly given the recent immigration raids. Instead, the trailer focuses on me simply hugging someone.

Frey shook his head. “We made a good film, but half the battle is getting people to see it.”

Read More

2026-01-09 14:02