Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats
- Executive Order Number
- 14385
- President
- Donald Trump
- Signed
- February 6, 2026
- Published
- February 11, 2026
- Source
- Federal Register
- Original Document
- https://www.govinfo.gov/content/pkg/FR-2026-02-11/pdf/2026-02819.pdf
AI-Generated Summary
Summary of Executive Order (Dated February 6, 2026)
Purpose
The executive order establishes a policy to protect U.S. welfare, security, and citizens from criminal actors, including foreign nationals violating immigration or criminal laws. It emphasizes DHS's role in border security and mandates maximum access to Criminal History Record Information (CHRI) for immigration screening and vetting. It also promotes reciprocal information sharing on convicted felons with trusted foreign governments for border security and immigration purposes.
Key Actions or Directives
- Domestic Access: The Attorney General must provide DHS with access to CHRI held by the Department of Justice (DOJ), to the maximum extent permitted by law, for DHS's screening and vetting missions.
- International Exchange: The Secretary of Homeland Security may exchange CHRI on felony convictions with:
- Visa Waiver Program (VWP) countries.
- Countries with Preventing and Combating Serious Crime agreements or similar.
- Other trusted allies.
- Exchanges must be reciprocal, under bilateral/multilateral agreements with privacy safeguards, and limited to screening travelers/immigrants entering or staying in those countries.
- Implementation is subject to applicable law and appropriations.
Significant Changes to Policy or Law
- No explicit changes to existing law; directs agencies to utilize maximum extent permitted by law for CHRI access and sharing.
- Reinforces DHS's border security responsibilities by prioritizing CHRI access from federal sources and enabling structured international reciprocity.
- Includes standard provisions preserving existing authorities, avoiding creation of enforceable rights/benefits, and assigning publication costs to DHS.
Potential Impacts
- Government Agencies: Enhances DHS's operational efficiency in screening/vetting via DOJ data access; requires new or updated agreements for international exchanges.
- Citizens: Improved protection from criminal actors at borders; potential privacy considerations for U.S. persons' data shared abroad under safeguards.
- International Relations: Strengthens cooperation with VWP countries and allies through reciprocal data sharing, potentially improving mutual border security.
- Immigrants/Travelers: Stricter vetting based on felony records, which may affect entry or stay decisions.
Main Stakeholders Affected
- U.S. Government: Department of Homeland Security (DHS), Department of Justice (Attorney General).
- Foreign Entities: VWP countries, countries with serious crime agreements, and other trusted allies' border/immigration authorities.
- Individuals: U.S. citizens (via privacy protections), foreign nationals with criminal histories (impacted by screening), and travelers/immigrants subject to vetting.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on existing authority under the Constitution and 6 U.S.C. 122(a)(2); explicitly "consistent with applicable law" and includes privacy safeguards for data exchanges; does not create enforceable rights against the U.S. government.
- Constitutional: Aligns with executive authority over immigration enforcement and foreign affairs; no apparent conflicts noted.
- Political: Promotes a security-focused immigration policy without altering statutes; boilerplate sections (e.g., no impairment of agency authority) limit legal challenges.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.