Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats

Executive Order 14385 of February 6, 2026

Protecting the National Security and Welfare of
the United States and Its Citizens From Criminal Actors
and Other Public Safety Threats

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including 6 U.S.C. 122(a)(2), it is hereby
ordered:

Section 1. Policy. It is the policy of the United
States to protect its welfare and security, and the
welfare and security of its citizens, from criminal
actors. Such criminal actors may include foreign
nationals with criminal histories who have entered or
remained in the United States in violation of the
immigration laws of the United States or who otherwise
seek to violate the criminal laws of the United States.
It is also the policy of the United States to cooperate
with trusted foreign governments by sharing information
concerning convicted felons on a reciprocal basis for
border security and immigration purposes. The
Department of Homeland Security (DHS) is responsible
for safeguarding the borders of the United States by
interdicting persons and goods illegally entering the
United States; protecting against the entry of
dangerous goods, narcotics, and firearms; and
detecting, responding to, and interdicting terrorists,
drug smugglers, human smugglers, and other persons who
seek to harm the United States. To fulfill these
responsibilities, and consistent with the policy
described above, DHS immigration authorities must
access criminal history record information (CHRI) in
the custody of Federal criminal justice agencies to the
maximum extent permitted by law.

Sec. 2. Providing CHRI to DHS. The Attorney General
shall provide DHS with access, for purposes related to
DHS's screening and vetting missions and to the maximum
extent permitted by law, to CHRI available to or
maintained by the Department of Justice.

Sec. 3. Exchanging Felony Conviction Records with Visa
Waiver Program and Other Countries for Border Security
and Immigration Purposes. (a) The Secretary of Homeland
Security may exchange, to the maximum extent permitted
by law, CHRI with the border security and immigration
authorities of Visa Waiver Program (VWP) countries,
countries that have entered into a Preventing and
Combating Serious Crime or similar agreement with the
United States, and other trusted allies, under an
agreement or arrangement described in subsection (b) of
this section. The Secretary of Homeland Security may
provide this information to these countries for the
sole purpose of screening travelers and immigrants
seeking to enter or stay in the VWP or other country.

     (b) Any exchange of CHRI by the Secretary of
Homeland Security with foreign countries shall be on
the basis of reciprocity and under a bilateral or
multilateral agreement or arrangement entered into by
DHS that contains appropriate safeguards to protect the
privacy of United States persons and other individuals
consistent with applicable law.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
    (d) The costs for publication of this order shall
be borne by the Department of Homeland Security.

    (Presidential Sig.)

THE WHITE HOUSE,

    February 6, 2026.