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Original Date Announced
February 6, 2026Executive Order (EO) 14385 requires the Attorney General to provide DHS "with access, for purposes related to DHS's screening and vetting missions and to the maximum extent permitted by law, to CHRI [criminal history record information] available to or maintained by the Department of Justice."
The EO also authorizes the DHS Secretary to exchange CHRI with Visa Waiver Program countries, countries that have entered into a Preventing and Combating Serious Crime or similar agreement with the U.S., and certain other "trusted allies." The EO provides that any information provided to other countries must be "for the sole purpose" of screening, and that exchanges of CHRI shall be on the basis of reciprocity or pursuant to agreements with "appropriate safeguards."
Trump 2.0 [ID #2199]
2026.02.06 EO 14385 - Protecting the National Security and Welfare of the United States and Its CitizensEffective Date
February 6, 2026Subsequent Trump and Court Action
April 29, 20262026.04.29 Reported: USCIS expanding applicant background check - CBS News
CBS News reports that USCIS issued guidance instructing officers to resubmit pending applications for certain immigration benefits, including asylum, green cards, and U.S. citizenship, to enhanced FBI background checks, using the criminal history database to which DHS was granted access under EO 14385. Officers were directed to refrain from approving any pending case where the applicant has not undergone the expanded background check.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Presidential OrdersSubject Matter: EnforcementAssociated or Derivative Policies
- January 20, 2025 EO 14161 ยงยง 2(a) and 3(a) direct maximum vetting of all noncitizens seeking admission to U.S. and those in the U.S.
- June 4, 2025 Proclamation 10949: Restricting the Entry of Foreign Nationals to Protect the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats
Documents
Trump-Era Policy Documents
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