Executive Order 13276: Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region
President: George W. Bush
Assigned custody, screening, protection, resettlement, diplomatic and emergency-support responsibilities for undocumented migrants intercepted in the Caribbean, including possible use of facilities at Guantanamo Bay.
Status: In effect as amended.
Is Executive Order 13276 still in effect? Yes. Active as amended; Homeland Security now holds the former Attorney General duties.
What does Executive Order 13276 do?
The order assigned these duties: Homeland Security Secretary — Maintain custody, provide facilities and conduct any chosen protection screening; State Secretary — Care for and seek third-country resettlement of persons identified as needing protection and conduct diplomacy.
Checked the Caribbean interdiction allocation against EO 13286 and DHS implementation evidence. The guide distinguishes custody and screening assignments from any claim that the order itself establishes a complete asylum procedure.
Before and after
Before the order
EO 12807 governed maritime interdiction, but agency responsibility for custody, screening, resettlement and mass-migration support required more detailed allocation.
After the order
EO 13286 transferred every Attorney General reference in section 1 to the Homeland Security Secretary in 2003. DHS, Coast Guard and USCIS continue maritime interdiction and protection screening; a 2024 DHS privacy assessment described EO 13276 and EO 12807 as current authorities for the Migrant Information Tracking System.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Homeland Security Secretary | Maintain custody, provide facilities and conduct any chosen protection screening | For intercepted migrants |
| State Secretary | Care for and seek third-country resettlement of persons identified as needing protection and conduct diplomacy | After a protection determination |
| Defense Secretary | Provide excess Guantanamo facilities and support; assume primary care duties during a presidentially determined mass migration | As requested; primary role during qualifying mass migration |
What happened next
EO 13276 signed.
EO 13276 allocated Caribbean interdiction responsibilities.
EO 13286 transferred the Attorney General’s assigned duties to the Homeland Security Secretary.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
The order says it neither creates an enforceable right nor requires a particular refugee-determination procedure. Even so, agency conduct remains constrained by statutes, constitutional rules and binding treaty-implementation law. A Ninth Circuit order later cited EO 13276 as an example of presidential use of INA section 212(f), but did not adjudicate this order’s maritime program.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- 8 U.S.C. § 1182(f) — suspension of entry (opens in a new tab) Official record
How we checked this
Last checked against the sources above on October 2, 2026. How we research →