EO 14385Executive OrderTrump 47 · R Quiet signal

Executive Order 14385

Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats

This executive order directs the Attorney General to provide DHS with access to federal criminal history record information (CHRI) for immigration screening and vetting purposes, and authorizes DHS to exchange felony conviction records reciprocally with Visa Waiver Program countries and other trusted allies for border security and immigration screening.

Key directives

  • Attorney General shall provide DHS access to CHRI for screening and vetting missions to maximum extent permitted by law
  • Secretary of Homeland Security may exchange CHRI with VWP countries, PCSC agreement countries, and trusted allies for traveler/immigrant screening
  • CHRI exchanges must be reciprocal and under bilateral/multilateral agreements with privacy safeguards

Who is ordered

Timeline

Immediate

  • Attorney General directed to provide CHRI access to DHS
  • DHS authorized to begin negotiating reciprocal CHRI exchange agreements

Near term (90d)

  • Potential bilateral/multilateral agreements with VWP countries and trusted allies
  • Implementation of CHRI sharing protocols

Long term

  • Established reciprocal criminal history information sharing framework
  • Ongoing border security and immigration screening cooperation with foreign governments

Risks & tensions

  • Privacy safeguards for US persons mentioned but not specified in detail—implementation depends on subsequent agreements
  • Reciprocity requirement may complicate negotiations with countries lacking equivalent data systems
  • 'To the maximum extent permitted by law' creates uncertainty about statutory constraints on CHRI sharing
  • Potential tension between information sharing and existing privacy/statutory protections for criminal records
Executive Order 14385: Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats · Executive Orders