EO-14385
Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats
- Signed
- Feb 6, 2026
- Published
- Feb 11, 2026
Federal Register: 2026-02819
Source: Federal Register.
Shares criminal history records with DHS and allied nations for border screening
What it does
This order directs the Attorney General to give the Department of Homeland Security (DHS) access to federal criminal history record information (CHRI) for use in screening and vetting people at the border. It also authorizes DHS to share felony conviction records with Visa Waiver Program countries and other allied nations on a reciprocal basis, under bilateral or multilateral agreements that include privacy protections for U.S. persons.
Who benefits
DHS immigration and border enforcement personnel who gain broader access to federal criminal databases. Visa Waiver Program partner countries whose border agencies would receive U.S. criminal records to screen travelers. U.S. travelers to partner countries who may benefit from those countries screening out individuals with serious criminal histories. Communities that supporters argue are protected when people with violent criminal records are identified at the border. Federal law enforcement agencies that gain a clearer framework for inter-agency data sharing.
Who is affected
Unauthorized immigrants and visa applicants with any U.S. criminal history, who would face expanded screening using federal records. Legal immigrants and visa holders whose criminal records become more accessible across agencies. Citizens of Visa Waiver Program countries whose felony conviction data could be shared with their home governments. Privacy advocates and civil liberties organizations concerned about expanded government data sharing. Individuals with old or minor criminal records who may face immigration consequences. Foreign nationals from non-VWP countries who are not covered by the reciprocal exchange framework.
Supporters argue
Supporters argue that DHS cannot effectively screen dangerous individuals at the border if it lacks access to the federal government's own criminal records, and that closing this information gap is a straightforward exercise of the executive branch's core duty to enforce immigration law. They contend that reciprocal data-sharing with trusted allies strengthens collective border security, mirrors longstanding law enforcement cooperation agreements, and is explicitly authorized by 6 U.S.C. §122(a)(2), placing the order firmly within the president's Article II authority to manage the executive branch and protect national security.
Opponents argue
Opponents argue that expanding access to criminal history records across agencies and foreign governments increases the risk of data misuse, wrongful targeting, and privacy violations — particularly for individuals with arrests that did not result in convictions. They contend that sharing CHRI with foreign governments, even under reciprocal agreements, could expose U.S. persons' sensitive records to governments with weaker privacy protections, and that the order's broad "maximum extent permitted by law" language may push agencies to interpret their authority expansively in ways that outpace existing statutory guardrails.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order cites 6 U.S.C. §122(a)(2), a statutory delegation under the Homeland Security Act of 2002 that authorizes DHS to access information held by other federal agencies for border security and immigration purposes. It also rests on the president's Article II, §3 Take Care Clause authority to direct executive branch agencies in implementing federal immigration and law enforcement statutes. The order is reversible by a future president and supplements, rather than conflicts with, existing statutory frameworks governing CHRI access.