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

This executive order delegates presidential authority under section 215 of the Immigration and Nationality Act to the Secretary of Homeland Security for non-citizens and to the Secretary of State for U.S. citizens, including passport functions. Each secretary must obtain concurrence or consultation from the other before issuing, amending, or revoking related rules and regulations.

Federal Register Open PDF 69 FR 241

Key directives

Assign INA section 215(a) functions for non-citizens to Secretary of Homeland Security
Assign INA section 215(a) and (b) functions for U.S. citizens to Secretary of State, including passport authority
Authorize Secretary of State to amend or revoke 22 CFR part 46 concerning non-citizens
Require Secretary of Homeland Security to obtain Secretary of State concurrence before issuing, amending, or revoking rules/regulations/orders
Require Secretary of State to consult with Secretary of Homeland Security before issuing, amending, or revoking rules/regulations/orders

Who is ordered

Timeline

Immediate

Functions assigned to respective secretaries upon signing
Concurrence/consultation requirements take effect

Near term (90d)

—

Long term

Ongoing interagency coordination for border and passport policy changes

Risks & tensions

Asymmetry in interagency checks: 'concurrence' for DHS vs. 'consultation' for State may create uneven veto power
No defined timeline or dispute resolution mechanism for interagency disagreements
Judicial review waiver (Section 3) limits legal accountability for implementation