Magnus Narrowly Confirmed As CBP Commissioner Despite Concerns With His Qualifications

Police Chief Chris Magnus and Tucson Mayor Regina Romero address media after an officer-involved death in June 2020.

On Tuesday the U.S. Senate confirmed President Joe Biden’s nomination of Tucson Police Chief Chris Magnus to head the 60,000 plus employees of Customs and Border Protection (CBP) which has responsibility for the nation’s 328 ports of entry through the Office of Field Operations, as well as the U.S. Border Patrol and the Air & Marine Operations.

A confirmation hearing was conducted by the Senate Finance Committee in October, but it took until Dec. 7 for the full Senate to take up Magnus’ nomination for Commissioner of CBP. The vote was not overwhelming, coming in at 50 to 47 in favor with only Republican casting a “yea” vote.

Many sentiments expressed by several Republican senators before and after the vote highlighted a common concern – that Magnus does not appear to understand what is happening along America’s southwest border.

“I asked him a series of questions both privately and publicly and he wasn’t able to give me the answers that were appropriate, particularly as it relates to his view on enforcement,” said Sen. Rob Portman of Ohio.

Arizona’s Senators Krysten Sinema and Mark Kelly voted in favor of confirmation despite being on the receiving end of months of criticism about the nomination announced by Biden in April. That criticism included Magnus’ outsider status with the federal agency and his lack of large-agency managerial experience.

The Arizona Sheriffs’ Association as well as the National Sheriffs’ Association issued detailed letters to Sinema and Kelly explaining their opposition to Magnus, who was responsible for less than 1,200 employees at Tucson PD. The criticism included controversial public comments Magnus has made about CBP’s mission and about federal law enforcement employees.

According to its website, the mission of CBP is to “protect the American people, safeguard our borders, and enhance the nation’s economic prosperity.” There are five mission priorities including combating transnational crime, facilitate lawful travel, and secure the border “through air, land and maritime environments against illegal entry, illicit activity or other threats to uphold national sovereignty and promote national and economic security. “

Magnus has been panned by several border town officials for his attitude toward the uncontrolled border crossings throughout 2021. He was also called out after his October confirmation hearing for not using the word “crisis” to describe the impact of undocumented migrants who have frequently overwhelmed federal law enforcement efforts.

Cochise County Sheriff Mark Dannels has been one of those critics.  As president of the Arizona Sheriffs’ Association he signed letters to Biden as well as Sinema and Kelly detailing concerns with Magnus’ nomination and suggesting the senators turn their support to someone with more experience and a better understanding of America’s largest federal law enforcement agency.

Dannels, whose county in southeast Arizona shares 83 miles of border with Mexico, told Arizona Daily Independent after the confirmation vote that Sinema and Kelly took part in a virtual conversation with several sheriffs last week. The opposition to Magnus’s nomination was reiterated during that discussion, said Dannels, who declined to comment on the Senate’s vote.

Magnus, who is 61, started his public safety career in 1979 in Michigan before going to work in 1999 for the Fargo (North Dakota) Police Department where he served as police chief.  He went on to take the top cop job in Richmond, California in 2006 before landing in Tucson a decade later. Tucson is located 100 miles inland from the Mexican border.

While at the helm in Tucson, Magnus emphasized a community policing approach and championed a change in how Tucson PD responds to calls which involve mental illness concerns. However, his frequently negative comments about federal law enforcement activities at the border did not endear Magnus to many of the frontline CBP officers and USBP agents across the county who will now work for him.

Immediately after the Senate vote, the Tucson City Council named Deputy Chief Chad Kasmar as the city’s new police chief, effective immediately.