in effect
Executive Order 14385, signed February 6, 2026, directs federal agencies to expand the sharing of criminal history records for immigration screening and border security purposes. It establishes two main directives: one domestic (Justice Department to Homeland Security) and one international (DHS to allied foreign governments).
The Attorney General must now give DHS access to criminal history record information (CHRI) held by the Department of Justice, to the fullest extent the law allows, specifically for DHS screening and vetting operations. DHS is also authorized to share CHRI with the border and immigration agencies of Visa Waiver Program countries, countries with existing Preventing and Combating Serious Crime agreements, and other designated allied nations. Any international sharing must be reciprocal — the foreign country must share equivalent records back — and must be governed by a formal bilateral or multilateral agreement that includes privacy protections for U.S. persons. The information shared with foreign governments may only be used for screening travelers and immigrants seeking entry into those countries.
DHS immigration and border officers gain broader access to Justice Department criminal databases when vetting individuals. Foreign nationals with U.S. criminal records who travel to or seek entry into Visa Waiver Program or allied countries may have those records shared with those nations’ border authorities. Allied governments that enter reciprocal data-sharing agreements with DHS will both receive and provide felony conviction records for immigration screening purposes.