Documents › Executive orders › 14385
Executive Order 14385
Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats
Signed February 6, 2026, printed at 91 FR 6505. 3 sections of substance, 689 words.
This order is about public safety. It opens crime records to border staff. The goal is to help them check on people.
Sec. 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
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
This states the policy. The country must be protected from criminals. That includes people from abroad with records. Some entered against immigration law. Some stayed against it. This country will also share data with trusted governments. Records of people convicted of felonies are the subject. Sharing runs both ways. Homeland Security guards the border.
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.
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.
This shares criminal records. Justice must open access to Homeland Security. The records are ones Justice holds. Screening work is the stated use. Vetting counts too. Access must go as far as the 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. (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
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
This shares conviction records. Homeland Security may send them abroad. Visa waiver countries may receive them. So may countries with a crime fighting pact. So may other trusted allies. A written deal must cover the exchange. The records may be used only to screen travelers. Immigrants count too. Sharing must run both ways.
Sec. 4. General Provisions
Every order carries this. It is not what the order does.
(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 [[Page 6506]] (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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE,
(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 [[Page 6506]] (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. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE,
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
How this order is quoted
Each section is quoted as the order prints it, under its own number and heading. Executive orders are United States government works and are not under copyright. Long sections are cut at a sentence and the whole order is a click away.