Government operations and workforce

Executive Order 13323: Assignment of Functions Relating to Arrivals in and Departures From the United States

President: George W. Bush

Assigned arrival and departure control functions between Homeland Security and State.

Status: In effect. Is Executive Order 13323 still in effect? Yes. Executive Order 13323 remains in effect. See Federal Register record.

What does Executive Order 13323 do?

DHS received section 215(a) functions for noncitizens, with State concurrence for rules; State received citizen-related section 215(a) and (b) functions, consulting DHS on rules. The 2025 DHS biometric entry and exit final rule cites EO 13323 in its authority for 8 CFR part 215. The rule is a separate agency action under statutory and delegated authority, not a biometric requirement imposed by this 2003 order itself.

Administration position: The order assigns statutory entry and departure functions between Homeland Security and State, including their respective rulemaking consultations.
SignedDecember 30, 2003
Prior frameworkImmigration and Nationality Act section 215 vested specified travel-control functions in the President.
Responsible officialHomeland Security and State
Later primary evidenceOctober 27, 2025: The 2025 DHS biometric entry and exit final rule cites EO 13323 in its authority for 8 CFR part 215. The rule is a separate agency action under statutory and delegated authority, not a biometric requirement imposed by this 2003 order itself.

Before and after

Before the order

Immigration and Nationality Act section 215 vested specified travel-control functions in the President.

After the order

DHS received section 215(a) functions for noncitizens, with State concurrence for rules; State received citizen-related section 215(a) and (b) functions, consulting DHS on rules.

The 2025 DHS biometric entry and exit final rule cites EO 13323 in its authority for 8 CFR part 215. The rule is a separate agency action under statutory and delegated authority, not a biometric requirement imposed by this 2003 order itself.

What changed?

Immigration and Nationality Act section 215 vested specified travel-control functions in the President. DHS received section 215(a) functions for noncitizens, with State concurrence for rules; State received citizen-related section 215(a) and (b) functions, consulting DHS on rules.

What does later evidence show?

Federal Register — DHS biometric entry and exit final rule documents the later development: The 2025 DHS biometric entry and exit final rule cites EO 13323 in its authority for 8 CFR part 215. The rule is a separate agency action under statutory and delegated authority, not a biometric requirement imposed by this 2003 order itself. The later biometric rule has its own regulatory scope and exceptions.

What are the limits?

EO 13323 assigns functions under 8 U.S.C. 1185, dividing noncitizen and citizen responsibilities and preserving interdepartmental consultation. It did not itself require every traveler to submit biometrics or eliminate statutory passport rules. Read the signed order for its operative language.

Who had to do what

Agency / officeActionTiming / position
Homeland Security and StateAdministered delegated travel-control functionsAs limited by the signed order

What happened next

EO 13323 signed.

The 2025 DHS biometric entry and exit final rule cites EO 13323 in its authority for 8 CFR part 215. The rule is a separate agency action under statutory and delegated authority, not a biometric requirement imposed by this 2003 order itself.

Signed text and later primary evidence reviewed.