The Arizona Republic

Tucson police chief tapped for border job

Customs and Border Protection still under heightened scrutiny

- Rafael Carranza

President Joe Biden nominated the chief of the Tucson Police Department to lead U.S. Customs and Border Protection, the country’s border enforcemen­t agency that is grappling with an increase in the arrival of migrant children and families.

The White House announced Monday the nomination of Chris Magnus, a critic of former President Donald Trump’s immigratio­n policies. His nomination is one of several top posts of the U.S. Department of Homeland Security, according to the White House’s announceme­nt.

“I am, of course, very honored to be nominated by the President to lead

Customs and Border Protection. I look forward to speaking with senators and hearing their thoughts and concerns,” Magnus said in a statement issued Monday through the Tucson Police Department.

He has served as the police chief in Tucson since 2016, and has a career in law enforcemen­t that spans over three decades.

“The confirmati­on process is never a certainty. As the Senate moves forward with its deliberati­ons, I remain committed to serving as your Chief of Police to the best of my ability,” he added.

Magnus leads what he and other Tucson elected officials have described as one of the most “progressiv­e” law enforcemen­t agencies in the country, especially when it comes to issues around community policing.

The White House acknowledg­ed that, saying that in all the cities Magnus has served as police chief, he “developed a reputation as a progressiv­e police leader who focused on relationsh­ip-building between the police and community, implementi­ng evidence-based best practices, promoting reform, and insisting on police accountabi­lity.”

In Tucson, the city establishe­d an independen­t watchdog office to audit citizen complaints investigat­ed by the Police Department’s disciplina­ry office. The White House also cited the implementa­tion of de-escalation training and review processes on serious incidents involving death or injury.

But in a year fraught with tension over community policing, especially in minority communitie­s, Magnus has also drawn criticism for his department’s actions.

In June, Magnus offered to resign as police chief after the April 2020 in-custody death of Carlos Ingram-Lopez, which lead to protests in Tucson.

Body camera footage from the April 21, 2020, incident showed officers restrainin­g Ingram-Lopez for 12 minutes. At one point, he could be heard complainin­g that he could not breathe and asked for a glass of water. He later became unresponsi­ve and was pronounced dead at the scene.

The city manager turned down Magnus’ offer to resign. The Pima County Attorney’s Office declined to charge the officers involved.

Tucson Mayor Regina Romero welcomed Magnus’ nomination as CBP commission­er. She praised his work in implementi­ng policing reforms the City Council passed in the aftermath of Arizona’s controvers­ial Senate Bill 1070, which critics dubbed the “show me your papers” law, that limited questions over immigratio­n status in the community.

“Chief Magnus has always understood the importance of distinguis­hing the role of local law enforcemen­t from federal immigratio­n enforcemen­t and how critical this is to protecting community trust,” Romero said.

If confirmed by the Senate, Magnus would lead the nation’s largest law enforcemen­t agency with more than 60,000 officers and agents. Customs and Border Protection includes nearly 20,000 agents from the U.S. Border Patrol, while the remaining officers are with the Office of Field Operations, which staffs the land, air and sea ports of entry.

“Because of Tucson’s proximity to the border, he has extensive experience in addressing immigratio­n issues,” the White House said.

Customs and Border Protection remains under heightened scrutiny for its treatment of migrant children and families. An increase in arrivals at the U.S.Mexico border has forced the federal government to open an influx of shelters for minors to avoid overcrowdi­ng at border holding facilities.

In Arizona and in south Texas, the Border Patrol has been releasing migrant families in border communitie­s, leaving nonprofits to scramble to respond.

Sens. Kyrsten Sinema and Mark Kelly, who both helped secure $110 million for local government­s and nonprofits helping asylum-seekers, said they looked forward to working with Magnus on his nomination.

Their support will be critical in the Senate, which is evenly split between Democrats and Republican­s. Magnus’ nomination requires a majority vote in the upper chamber. Vice President Kamala Harris would cast a tie-breaking vote.

Sinema, D-Ariz., who chairs the Senate Subcommitt­ee on Border Management, said in a written statement his nomination “represents a positive step toward ensuring the administra­tion understand­s and addresses the needs of Arizona communitie­s.”

Kelly, D-Ariz., said in a written statement that he has known Magnus for years, adding that the role of CBP commission­er requires “strong, capable leadership” that Magnus is uniquely positioned to provide.

“Chief Magnus understand­s what it looks like when the federal government fails Arizona on border security and immigratio­n, and that is experience and perspectiv­e he can bring to this position,” Kelly said.

But his nomination received some pushback as well, illustrati­ng the ongoing partisan divisions over immigratio­n and border enforcemen­t.

Republican­s have used the situation at the U.S.-Mexico border to criticize Biden’s approach and for moving away from Trump’s more restrictiv­e policies, which were roundly criticized by Democrats.

Rep. John Katko of New York, the ranking Republican member of the House Homeland Security Committee, said he was discourage­d by the nomination of Magnus and urged Senators to be very careful in considerin­g him for the job.

Katko pointed to the police chief’s past criticism of what Katko considered to be “productive and commonsens­e” policies under Trump. Those policies also enjoyed great support from the Border Patrol union and CBP staff.

“CBP needs a leader who will support and advocate for frontline law enforcemen­t trying to secure the border, and actually listen to what they are saying about this crisis. Our homeland security will not be served by someone who will make their jobs harder,” he said in a written statement.

Customs and Border Protection has turned away more than 637,000 migrants at the U.S.-Mexico border under a holdover policy from the Trump administra­tion known as Title 42, which allows border agents and officers to immediatel­y expel migrants to Mexico or their home countries.

As commission­er, Magnus would play a key role in determinin­g whether to keep, remove or modify the rule.

If confirmed, Magnus, who is openly gay and married to his husband of 15 years, could become one of the highestran­king LGBT officials in the U.S. government and in law enforcemen­t.

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