DHS immigration authorities required to access federal criminal history records where legally permitted

True

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directive

DHS immigration authorities access CHRI in the custody of federal criminal justice agencies to the maximum extent permitted by law to support DHS border security, screening, and vetting responsibilities.

Source summary

The President signed an executive order on February 6, 2026 directing federal agencies to share criminal history record information (CHRI) with the Department of Homeland Security (DHS) to support DHS screening and vetting missions. The Attorney General must provide DHS access to CHRI maintained by the Department of Justice, and the Secretary of Homeland Security may exchange CHRI with Visa Waiver Program countries and other trusted allies under reciprocal bilateral or multilateral agreements with privacy safeguards. Implementation is subject to applicable law and availability of appropriations, and the order does not create enforceable private rights.

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Latest fact check

The White House executive order dated Feb. 6, 2026, titled "Protecting the National Security and Welfare of the United States and its Citizens from Criminal Actors and Other Public Safety Threats," explicitly directs that "DHS immigration authorities must access criminal history record information (CHRI) in the custody of Federal criminal justice agencies to the maximum extent permitted by law" and requires the Attorney General to provide DHS access to Department of Justice CHRI "to the maximum extent permitted by law." Verdict: True — the statement accurately quotes and summarizes the executive order's directive; the EO text is the primary source authority for this claim.

Sources

Timeline

Update · Feb 07, 2026, 06:15 AMTrue
The White House executive order dated Feb. 6, 2026, titled "Protecting the National Security and Welfare of the United States and its Citizens from Criminal Actors and Other Public Safety Threats," explicitly directs that "DHS immigration authorities must access criminal history record information (CHRI) in the custody of Federal criminal justice agencies to the maximum extent permitted by law" and requires the Attorney General to provide DHS access to Department of Justice CHRI "to the maximum extent permitted by law." Verdict: True — the statement accurately quotes and summarizes the executive order's directive; the EO text is the primary source authority for this claim.
- https://www.whitehouse.gov/presidential-actions/2026/02/protecting-the-national-security-and-welfare-of-the-united-states-and-its-citizens-from-criminal-actors-and-other-public-safety-threats/
- https://www.govinfo.gov/content/pkg/FR-2026-02-12/pdf/EO-2026-02-06-protecting-national-security-and-welfare.pdf
Original article · Feb 06, 2026
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