Assignment of Functions Relating to Arrivals in and Departures From the United States

2004-01-02Executive Order 13323
Signed by: George W. Bush
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Headline: Assigns Arrival and Departure Authority to State and Homeland Security

What it does: Secretaries of Homeland Security and State must perform the President's arrival-and-departure functions for noncitizens and citizens and coordinate before changing rules.

Real World Impact:
  • Shifts authority over noncitizen arrivals and departures to Homeland Security.
  • Gives State control over citizen passport and arrival/departure functions.
  • Requires agencies to consult or get concurrence before changing arrival rules.
Topics: immigration, travel and borders, national security, government operations

Summary

This order assigns who in the federal government is responsible for managing people entering and leaving the United States. It gives the Secretary of Homeland Security the President's authority over noncitizens and gives the Secretary of State authority over U.S. citizens, including passport matters.

Both secretaries must coordinate: Homeland Security must obtain State's concurrence before changing rules about noncitizens, and State must consult Homeland Security before changing rules about citizens. The order also says it does not create new legal rights enforceable in court.

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