By the authority granted to me as President under the Constitution and the laws of the United States, particularly 6 U.S.C. 122(a)(2), I hereby issue the following executive order:
Section 1. Policy
The United States is committed to safeguarding its welfare and security, as well as that of its citizens, from criminal activities. Such threats may arise from foreign nationals with criminal backgrounds who have entered or stayed in the U.S. unlawfully or who intend to violate its laws. Furthermore, the U.S. aims to foster cooperation with reliable foreign governments by exchanging information regarding convicted felons on a reciprocal basis to enhance border security and immigration processes. The Department of Homeland Security (DHS) bears the responsibility of protecting U.S. borders by intercepting individuals and goods entering unlawfully, as well as guarding against the influx of hazardous materials such as narcotics and firearms. In this context, DHS is also tasked with detecting and countering threats from terrorists and smugglers who aim to undermine U.S. security. To fulfill these duties, it is imperative for DHS immigration authorities to access criminal history record information (CHRI) held by federal criminal justice agencies to the fullest extent allowed by law.
Sec. 2. Providing CHRI to DHS
The Attorney General is directed to grant DHS access to CHRI maintained by the Department of Justice for purposes related to DHS’s screening and vetting missions, in accordance with legal limits.
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 is authorized to exchange CHRI with border security and immigration authorities of Visa Waiver Program (VWP) countries, those with agreements to prevent serious crime, and other trusted allies, as described in subsection (b) of this section. This exchange is strictly for the purpose of vetting travelers and immigrants aiming to enter or remain in VWP or other partner nations.
(b) All exchanges of CHRI between the Secretary of Homeland Security and foreign nations shall occur based on mutual agreement and within the framework of bilateral or multilateral agreements that ensure adequate protections for the privacy of U.S. individuals, in accordance with applicable laws.
Sec. 4. General Provisions
(a) This order shall not be interpreted in a manner that impairs or alters:
(i) the authority granted by law to any executive department or agency, or its head; or
(ii) the responsibilities of the Director of the Office of Management and Budget concerning budgetary, administrative, or legislative proposals.
(b) Implementation of this order shall be consistent with applicable law and subject to available appropriations.
(c) This order does not and is not intended to create any enforceable rights or benefits, whether substantive or procedural, for any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other individual.
(d) The Department of Homeland Security shall bear the costs associated with the publication of this order.
THE WHITE HOUSE,
February 6, 2026.
