Executive Order 14385—Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats
Issued 2026-02-06 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order aims to protect the United States and its citizens from criminal activity. The President’s policy is to safeguard the country's welfare and security, specifically focusing on preventing criminal actors – including foreign nationals with criminal histories who have entered the U.S. illegally or seek to violate U.S. laws – from harming the nation. It also directs cooperation with trusted foreign governments to share information about convicted felons for border security and immigration purposes.
The order focuses on how the Department of Homeland Security (DHS) will operate. It requires DHS to access criminal history record information (CHRI) from federal criminal justice agencies, to the fullest extent permitted by law. Additionally, DHS will exchange CHRI with certain Visa Waiver Program (VWP) countries and other trusted allies for the purpose of screening travelers and immigrants, under a reciprocal agreement.
This executive order is intended to support DHS’s efforts in protecting U.S. borders and immigration processes, ensuring that individuals seeking to enter or remain in the country are properly screened. The order is implemented under existing laws and subject to available appropriations, with costs for publication borne by the Department of Homeland Security.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 14385 addresses "Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats". The President's stated reasoning: "its welfare and security, and the welfare and security of its citizens, from criminal actors." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
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