Protecting The National Security And Welfare Of The United States And Its Citizens From Criminal Actorsand Other Public Safety Threats
Summary
This executive order, issued on February 6, 2026, focuses on protecting national security and the welfare of the United States by targeting criminal actors, particularly foreign nationals with criminal histories. It directs the Attorney General to provide the Department of Homeland Security (DHS) with access to criminal history record information (CHRI). It also allows DHS to exchange CHRI with trusted foreign governments, especially those in the Visa Waiver Program, for border security and immigration purposes, under reciprocal agreements that protect privacy.
Expected Effects
The order aims to enhance border security and immigration enforcement by improving information sharing between domestic agencies and with international partners. This could lead to more effective screening of individuals seeking entry into the United States. It also formalizes data sharing agreements with other countries to enhance vetting processes.
Potential Benefits
- Enhanced border security through better screening processes.
- Improved cooperation with international partners on immigration matters.
- Increased ability to identify and prevent entry of individuals with criminal histories.
- More efficient use of criminal history data for immigration enforcement.
- Strengthened national security by reducing potential threats from foreign criminals.
Potential Disadvantages
- Potential for privacy violations if CHRI is not handled securely or if data sharing agreements lack sufficient safeguards.
- Risk of misidentification or errors in CHRI leading to wrongful denial of entry or other adverse actions.
- Possible strain on relationships with countries that do not agree with the data sharing policies.
- Increased burden on DHS and the Attorney General to manage and share CHRI effectively.
- Concerns about the scope of information sharing and its potential impact on individuals' rights.
Most Disadvantaged Areas:
Constitutional Alignment
The executive order cites the President's authority under the Constitution and laws of the United States, including 6 U.S.C. 122(a)(2). The Constitution grants the federal government powers related to immigration and national security. However, the implementation must align with constitutional protections for individual rights, such as due process and privacy, as potentially affected by the collection and sharing of criminal history information.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).