The Volokh Conspiracy
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(See Update Below)
Customs and Border Protection Commissioner Chris Magnus is under fire. Migrant encounters along the southern border are increasing and his handling of the border has has been criticized by members of Congress and officials within his own agency, some of who are threatening to quit.
Yesterday, Politico reported, Department of Homeland Security Secretary Alejandro Mayorkas told Magnus to resign or he would be fired, but Magnus has refused to resign. In response, the Politico accounts notes, DHS has sought to remove some of Magnus's authority until he is replaced.
From the story:
Magnus was told on Wednesday by Homeland Security Secretary Alejandro Mayorkas that he should either resign or be dismissed and, so far, the CBP chief has refused to step down, according to the four people.
Some executive assistant commissioners at CBP have indicated they would leave the agency if Magnus does not resign, according to one of the current DHS officials and the former DHS official.
Mayorkas has since shifted Magnus' duties and responsibilities to his deputy secretary, John Tien, and has deputy CBP commissioner Troy Miller, a career government official, running the agency's day-to-day operations, according to three of the people.
One of the current officials said all CBP decisions now must first go through the DHS front office. In addition, all of Magnus' direct reports are reporting to Tien and Miller, according to one of the other officials.
"I want to make this clear: I have no plans to resign as C.B.P. commissioner," Mr. Magnus, the head of the agency, said in a statement shared with The New York Times. He said the Department of Homeland Security cut off his access to his Customs and Border Protection Twitter account. Mr. Magnus, 62, said he intends to go to work on Monday.
UPDATE: Magnus has resigned.