Important News

President Orders Increased Sharing of Criminal History Records with DHS and Trusted Foreign Partners for Screening

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Key takeaways

  • An executive order dated February 6, 2026 directs DHS to access criminal history record information (CHRI) from federal criminal justice agencies to the maximum extent permitted by law.
  • The Attorney General must provide DHS access to CHRI available to or maintained by the Department of Justice for DHS screening and vetting purposes.
  • The Secretary of Homeland Security is authorized to exchange CHRI with Visa Waiver Program (VWP) countries, nations with Preventing and Combating Serious Crime agreements, and other trusted allies under reciprocal agreements.
  • Any CHRI exchanges with foreign countries must be reciprocal and conducted under bilateral or multilateral DHS agreements that include safeguards to protect the privacy of United States persons and others, consistent with law.
  • The order emphasizes implementation consistent with applicable law and subject to the availability of appropriations and states it does not create private legal rights enforceable against the government.

Follow Up Questions

What exactly is criminal history record information (CHRI) and what fields or records does it include?Expand

CHRI (Criminal History Record Information) is government-held records about a persons contacts with the criminal justice system. It typically includes biographic identifiers (name, aliases, date/place of birth), fingerprints/biometrics, arrest records, charges filed, case dispositions (convictions, dismissals), sentencing and incarceration data, and agency notes (e.g., warrants, probation/parole status). Rap sheets/Identity History Summaries compiled by the FBI are the canonical CHRI format used for background checks.

Which federal laws or regulations limit how CHRI can be shared domestically and with foreign governments?Expand

Domestic sharing of CHRI is governed by federal statutes and DOJ regulations (notably 28 C.F.R. Part 20), the FBIs CJIS policies and privacy laws (e.g., Privacy Act, federal criminal statutes), and state laws/compacts that restrict dissemination and permissible purposes; international sharing requires statutory authority and must comply with privacy and export rules and any applicable treaty or agreement rules. DOJ regulations (28 C.F.R. Part 20) and the FBI CJIS Security Policy set limits on use, redisclosure, and retention.

What is the Visa Waiver Program (VWP) and which countries currently participate?Expand

The Visa Waiver Program (VWP) lets citizens of approved countries travel to the U.S. for tourism or business for 90 days without a visa, using ESTA authorization. As of Feb 2026, participating countries include most EU states, the UK, Japan, South Korea, Australia, New Zealand, and others (total ~40 countries).

How will DHS determine which foreign countries are considered "trusted allies" eligible for CHRI exchanges?Expand

DHS does not publish a single new list called "trusted allies" in the order; in practice DHS would rely on existing statutory/designation processes (e.g., VWP membership, "Preventing and Combating Serious Crime" agreements, interagency security reviews and reciprocity criteria) and make determinations based on reciprocity, security vetting, legal authorities and interagency guidance — so eligibility will be decided by DHS/DOJ on a case-by-case basis under existing authorities and policies.

What specific privacy safeguards or oversight mechanisms are required in the bilateral or multilateral agreements mentioned?Expand

The executive order requires CHRI exchanges with foreign countries to be "reciprocal" and governed by bilateral/multilateral DHS agreements that include safeguards to protect privacy consistent with law. Required safeguards typically include limits on permitted uses, data security measures, audit and access controls, restrictions on redisclosure, retention limits, and oversight reporting — usually specified in DHS/DOJ implementing agreements and governed by 28 C.F.R. Part 20, the Privacy Act, and CJIS security standards.

Could this order change how immigrants, visa applicants, or travelers are screened, denied entry, or detained?Expand

Yes — the order directs DHS to obtain broader CHRI access for screening and vetting, which could change how DHS screens visa applicants, VWP travelers, immigrants, and entrants by adding CHRI-based checks to existing processes; however implementation is constrained by existing law, privacy rules, appropriations, and does not itself create new immigration enforcement authorities. Specific operational changes (denials, detentions) would depend on agency implementing policies and legal limits.

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