Issued on February 6, 2026, this executive order establishes a formal policy framework directing the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to maximize use of existing, legally available criminal history record information (CHRI) in support of immigration enforcement and border security. Importantly, the order does not create new statutory authorities; rather, it directs agencies to fully utilize current legal channels for accessing and sharing criminal data. The order characterizes foreign nationals with criminal histories who have entered or remained in the United States unlawfully as potential threats to national security and public welfare, framing DHS's border security mission — including interdicting terrorists, drug smugglers, human smugglers, and dangerous goods — as requiring the fullest permissible access to federal criminal justice data for screening and vetting operations.
The order contains two primary operational directives. First, it instructs the Attorney General to provide DHS with access to all CHRI available to or maintained by DOJ, to the maximum extent permitted by law, specifically for DHS screening and vetting missions. Second, it authorizes the Secretary of Homeland Security to exchange felony conviction records — not broad criminal history data — with foreign border security and immigration authorities in three categories of partner nations: Visa Waiver Program (VWP) countries, nations with Preventing and Combating Serious Crime (PCSC) or similar agreements, and other designated trusted allies. All such exchanges must be conducted on a reciprocal basis under bilateral or multilateral agreements that include privacy safeguards for U.S. persons, and are limited to screening travelers and immigrants seeking entry or residency in partner countries.
The central policy consequence of this order is a deliberate tightening of the link between immigration and border screening decisions and federal criminal justice databases, both domestically and through reciprocal international vetting arrangements. This represents a meaningful shift in screening posture — prioritizing criminal-history-based admissibility and enforcement decisions as a core operational standard. Implementation responsibility falls on the Attorney General and the Secretary of Homeland Security, acting within existing legal authorities and subject to available appropriations. Because the order works within current law rather than expanding statutory powers, operational impact will depend significantly on agency capacity, interagency coordination, and the pace of negotiating or activating qualifying international agreements.