Senate Votes 51-44

The U.S. Senate has confirmed Rodney Scott as head of Customs and Border Protection.

Scott formerly served as Border Patrol Chief and currently commands the Department of Homeland Security’s (DHS) biggest enforcement department, which has approximately 65,000 workers.

CBP consists of two divisions: the Border Patrol, which is in charge of protecting the nation’s borders between ports of entry, and the Office of Field Operations (OFO), which is in charge of security at ports of entry.

Scott was confirmed on a 51-46 party-line vote, with all Republicans in favor and all Democrats opposed.

Scott was forced out of his post as Border Patrol Chief during the Biden administration after opposing politically motivated changes at CBP. In April 2021, Acting CBP Commissioner Troy Miller informed Scott that the agency would use the phrase “undocumented immigrant” instead of the legally accurate “illegal alien.”

At the time, Chief Scott sent an internal memorandum to Miller arguing that, “The U.S. Border Patrol (USBP) is and must remain an apolitical federal law enforcement agency…Despite every attempt by USBP leadership to ensure that all official messaging remained consistent with law, fact, and evidence, there is no doubt that the reputation of the USBP has suffered because of the many outside voices. Mandating the use of terms which are inconsistent with law has the potential to further erode public trust in our government institutions.”

Scott will retire as Chief of the Border Patrol in August 2021.

After leaving the Border Patrol, Commissioner Scott remained a major advocate on the need to protect our borders, repeatedly calling for a return to Trump-era practices. In the autumn of 2021, he will begin working as a Distinguished Senior Fellow for Border Security at the Texas Public Policy Foundation.

Scott spoke in front of Congress on many occasions and made countless media appearances advocating for tougher immigration enforcement.

Along with Safe Third Country agreements and the Remain in Mexico program, which requires asylum applicants to wait in Mexico for court proceedings, Scott backed border wall building, which remains a top objective in a second Trump administration.

Commissioner Scott sounded a positive note following the Senate vote. In a statement, Scott said: “I’m honored that the United States Senate has confirmed me, and I want to thank President Trump and Secretary Noem for their trust and unwavering leadership. I started my career on the front lines, and now I am ready to lead my CBP family with integrity and a clear mission to defend our sovereignty, enforce the law, and put America first.”

President Donald Trump likewise praised Scott when announcing his nomination.

“Rodney served nearly three decades in the Border Patrol, building vast experience and knowledge in Law Enforcement and Border Security. Rodney served as the 24th Chief of the U.S. Border Patrol, where he implemented Remain-in-Mexico, Title 42, Safe Third Agreements, and achieved record low levels of illegal immigration,” Trump said.

Scott’s confirmation comes at a critical time for CBP.

As the country struggles to recover from four years of open-borders policy, the agency plays a crucial role in fulfilling President Trump’s promise to restore order at the border.

In the next weeks and months, FAIR hopes to collaborate closely with the Trump administration and CBP to undo the damage caused by the Biden administration’s practices.

Recently, the Supreme Court approved the Trump administration’s request to pause a lower court injunction that had blocked deportations of individuals to third countries without prior notice.

The decision marks a near-term victory for the administration as it aims to implement its immigration crackdown swiftly.

The Court ruled 6-3 in favor of staying the injunction, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting.

The case involved a group of migrants contesting their deportations to third countries—nations other than their countries of origin.

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