Assignment of Functions Relating to Arrivals in and Departures From the United States
Signed December 30, 2003·George W. Bush·69 FR 241
Source
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Plain-language summary
Assigns presidential authority under section 215 of the Immigration and Nationality Act, which governs arrivals in and departures from the United States, to two officials. The Secretary of Homeland Security is given this authority over non-citizens, but must obtain the Secretary of State's concurrence before issuing, amending, or revoking related rules or orders. The Secretary of State is given authority over U.S. citizens, including matters involving passports, and may also amend or revoke certain existing regulations concerning non-citizens, but must first consult with the Secretary of Homeland Security before acting. The order states it creates no enforceable legal rights for outside parties against the government.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 215 of the Immigration and Nationality Act (INA), as amended (8 U.S.C. 1185), and section 301 of title 3, United States Code, and to strengthen the national security of the United States through procedures and systems to manage and control the arrival and departure of persons from the United States, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13323 of December 30, 2003
Assignment of Functions Relating to Arrivals in
and Departures From the United States
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 215 of the Immigration and
Nationality Act (INA), as amended (8 U.S.C. 1185), and
section 301 of title 3, United States Code, and to
strengthen the national security of the United States
through procedures and systems to manage and control
the arrival and departure of persons from the United
States, it is hereby ordered as follows:
Section 1. Functions of the Secretary of Homeland
Security. The Secretary of Homeland Security is
assigned the functions of the President under section
215(a) of the INA with respect to persons other than
citizens of the United States. In exercising these
functions, the Secretary of Homeland Security shall not
issue, amend, or revoke any rules, regulations, or
orders without first obtaining the concurrence of the
Secretary of State.
Sec. 2. Functions of the Secretary of State. The
Secretary of State is assigned the functions of the
President under section 215(a) and (b) of the INA with
respect to citizens of the United States, including
those functions concerning United States passports. In
addition, the Secretary may amend or revoke part 46 of
title 22, Code of Federal Regulations, which concern
persons other than citizens of the United States. In
exercising these functions, the Secretary of State
shall not issue, amend, or revoke any rules,
regulations, or orders without first consulting with
the Secretary of Homeland Security.
Sec. 3. Judicial Review. This order is not intended to,
and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by a
party against the United States, its departments,
agencies, entities, officers, employees or agents, or
any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
December 30, 2003.Reproduced from the Federal Register plain-text record, signed December 30, 2003. Typesetting artifacts are removed; no wording is changed.