On February 6, 2026, a new Executive Order titled “Protecting the National Security and Welfare of the United States and its Citizens from Criminal Actors and Other Public Safety Threats” was signed into law. The order focuses on expanding criminal information sharing between the United States and certain foreign governments.
While framed as a national security measure, the practical impact may be most noticeable for individuals traveling under the Visa Waiver Program (VWP) and for certain foreign nationals applying for admission or immigration benefits.
Below is what this development may mean in practical terms.
What Does the Executive Order Do?
The order authorizes expanded cooperation between U.S. agencies — particularly the Department of Homeland Security (DHS) — and foreign governments regarding criminal history information.
Specifically, DHS may exchange criminal history record information (CHRI) with:
- Countries participating in the Visa Waiver Program
- Nations that have agreements under Preventing and Combating Serious Crime (PCSC) frameworks
- Other allied governments with reciprocal data-sharing arrangements
The stated goal is to allow U.S. authorities to identify foreign nationals with criminal histories more efficiently before entry into the United States.
Why This Matters for Visa Waiver Program Travelers
The Visa Waiver Program allows eligible citizens of designated countries to travel to the United States for tourism or business without obtaining a B-1/B-2 visa, provided they receive ESTA authorization.
Under expanded information-sharing protocols:
- Criminal records from participating countries may be more easily accessible to U.S. authorities.
- Discrepancies between ESTA disclosures and foreign criminal databases could result in denial of travel authorization.
- Travelers who previously entered without issue may face new scrutiny.
It is important to remember that ESTA approval does not guarantee admission. Customs and Border Protection (CBP) retains discretion at the port of entry.
Impact Beyond the Visa Waiver Program
Although the executive order highlights VWP countries, expanded data sharing may affect other foreign nationals as well.
Potential implications include:
- Increased vetting during nonimmigrant visa interviews
- Additional review during adjustment of status or green card applications
- More detailed background checks during naturalization
- Heightened scrutiny in consular processing
Applicants who have prior arrests — even those that did not result in convictions — may see closer examination of their records.
What Types of Criminal History May Be Shared?
The order references criminal history record information (CHRI). While the precise scope of implementation will depend on agency guidance, this may include:
- Arrest records
- Convictions
- Outstanding warrants
- Investigative information in certain circumstances
Because implementation details can vary by country and agreement, applicants should assume that transparency is critical.
Failure to disclose prior criminal issues on immigration forms may create separate grounds of inadmissibility for misrepresentation.
Increased Emphasis on Disclosure and Documentation
Foreign nationals with any prior criminal history should ensure they have:
- Certified court dispositions
- Evidence of sentence completion
- Records confirming dismissal, expungement, or diversion where applicable
Even older matters may become visible under expanded data sharing frameworks.
Each case requires individual legal analysis, as immigration consequences depend on the type of offense, the sentence imposed, and the timing of events.
Does This Change Immigration Law?
The executive order does not create new grounds of inadmissibility. Existing immigration statutes still control.
However, what may change is enforcement capacity and data availability.
In other words, the legal standards remain the same — but the ability to access foreign criminal history information may increase.
Practical Considerations for Travelers and Applicants
Individuals should consider the following before travel or filing:
- Review prior arrest and conviction history carefully
- Confirm that all prior incidents were fully disclosed in past applications
- Avoid relying on assumptions that foreign records are inaccessible
- Seek legal review if uncertain about admissibility
For Visa Waiver travelers in particular, ESTA denials may require applying for a B-1/B-2 visa instead.
Frequently Asked Questions
Does this executive order automatically bar people with criminal records?
No. Immigration law already governs admissibility. The order expands information sharing but does not automatically disqualify individuals.
Will expunged records still appear?
Possibly. Immigration law often considers conduct even where records were sealed or expunged under state law. Case-specific review is necessary.
Can ESTA approval be revoked?
Yes. ESTA authorization can be denied or revoked if new information becomes available.
Does this affect green card holders?
Lawful permanent residents are generally not affected by ESTA rules, but criminal conduct can still impact admissibility and naturalization eligibility.
Final Thoughts
The expansion of criminal information sharing reflects a broader enforcement trend emphasizing intergovernmental data cooperation. Travelers and applicants should expect closer vetting and should approach immigration filings with complete transparency.
Anyone with prior criminal history — even minor matters — should obtain proper legal guidance before travel or application.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.