Protecting the National Security and Welfare of the United States and its Citizens from Criminal Actors and Other Public Safety Threats
This Presidential Action, issued on February 6, 2026, establishes a policy to protect U.S. welfare and security by enhancing the ability of the Department of Homeland Security (DHS) to access Criminal History Record Information (CHRI) maintained by Federal criminal justice agencies, specifically the Department of Justice. Furthermore, the action authorizes the Secretary of Homeland Security to exchange CHRI concerning felony convictions with vetted foreign partners, such as Visa Waiver Program countries, on a reciprocal basis solely for border security and immigration screening purposes, ensuring all exchanges are governed by agreements that safeguard individual privacy.
Arguments For
Enhances national security and the welfare of U.S. citizens by enabling immigration authorities to better screen and vet individuals by accessing comprehensive Federal criminal history record information (CHRI).
Facilitates international cooperation in border security and immigration enforcement by establishing reciprocal agreements with trusted foreign governments (like VWP countries) to exchange felony conviction records, improving vetting processes abroad.
Clearly delineates the responsibilities of the Department of Homeland Security (DHS) in safeguarding borders against dangerous individuals, narcotics, and terrorists, aligning information access with these core missions.
Ensures that information sharing adheres to legal requirements, including entering into bilateral or multilateral agreements that contain safeguards to protect the privacy of U.S. persons.
Arguments Against
Increased access to sensitive Criminal History Record Information (CHRI) by DHS and foreign entities raises significant concerns regarding data privacy and potential misuse of personal records.
Relying on reciprocal agreements with foreign governments for data exchange introduces vulnerabilities concerning the privacy standards and security protocols of those partner nations.
The directive mandates access "to the maximum extent permitted by law," which may prompt legal challenges regarding existing statutes governing the dissemination and use of CHRI, potentially leading to implementation delays or alterations.
Broadly targets "criminal actors" which, depending on implementation, could lead to increased scrutiny or negative impacts on individuals with minor or historical infractions, despite the focus on felons.
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:
The President cites Constitutional and statutory authority, specifically citing 6 U.S.C. 122(a)(2), to formally enact the provisions contained within this order.
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.
Section 1 outlines the core policy: protecting the nation and its citizens from criminal actors, including foreign nationals who violate U.S. immigration or criminal laws.
The policy emphasizes cooperation with trusted foreign governments through reciprocal sharing of information about convicted felons for border security.
It directs the Department of Homeland Security (DHS) to utilize all legally permissible access to Federal criminal history record information (CHRI) to properly execute its border safeguarding and security missions.
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.
Section 2 mandates that the Attorney General must grant the Department of Homeland Security (DHS) access to all Criminal History Record Information (CHRI) held by the Department of Justice. This access is specifically authorized for use in DHS screening and vetting processes, limited only by what current law allows.
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.
Section 3 addresses international data sharing concerning felony convictions.
Subsection (a) permits the Secretary of Homeland Security to share CHRI with border security and immigration authorities in Visa Waiver Program (VWP) countries or other close allies under specific agreements.
The information exchange must be limited exclusively to screening travelers and immigrants who wish to enter or remain in those foreign jurisdictions.
(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.
Subsection (b) sets the conditions for this international CHRI exchange.
Any sharing must operate on a reciprocal basis, meaning the U.S. receives comparable access to information from the partner country.
The exchange must occur under a formal agreement established by DHS that includes necessary safeguards to protect the privacy of U.S. persons and others, ensuring compliance with all relevant laws.
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.
Section 4 details general implementation rules.
Subsection (a) clarifies that the order does not diminish existing legal authority held by executive departments or agencies, nor does it interfere with the budgetary or legislative functions of the Office of Management and Budget (OMB).
Subsection (b) states the order requires legal consistency and is contingent upon available funding.
Subsection (c) serves as a non-entitlement clause, specifying the order creates no new enforceable legal rights for any party against the U.S. government.
Finally, subsection (d) assigns the Department of Homeland Security responsibility for covering the costs of publishing the order.
THE WHITE HOUSE,
February 6, 2026.
This marks the execution date and location of the Presidential Action.
This is metadata indicating the title of the post related to this action and its original source on The White House website.