Constitution Index · Executive Order 14385 · 2026-02-06

Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats

Latest official status (2026-10-19): no_disposition_noted

Official source ↗

Constitutional grade

A

Constitutional

Executive Order 14385 operates within federal immigration, border-security, and foreign-affairs powers, uses existing conviction records with privacy safeguards, and imposes no new rights restriction, liberty deprivation, or property taking.

Article II Article I, Section 8, Clause 4 Amendment X Amendment IV Amendment V

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

The President acts under Article II, Sections 2 and 3 executive and Commander-in-Chief authority over immigration enforcement and foreign affairs, implementing Congressional grants including Article I, Section 8, Clause 4 power over naturalization and Clause 3 and Clause 10 related border authority, plus 6 U.S.C. 122(a)(2). Inter-agency CHRI access and reciprocal border-security agreements are within those enumerated federal functions.

Bill of Rights · passes

No First through Tenth Amendment right is infringed. Sharing of existing federal criminal history record information (CHRI) for screening is not an unreasonable search under the Fourth Amendment because the records are already lawfully in government custody, and Section 3(b) requires privacy safeguards consistent with applicable law. No speech, arms, trial, or other Bill of Rights restriction occurs.

Individual liberty · passes

No restriction is placed on the person, property, speech, labor, or belief of law-abiding individuals. The order directs use of already existing convicted-felon records for screening travelers and immigrants, with use limited to border and immigration screening and privacy safeguards for United States persons. The burden on ordinary liberty is minimal with a compelling national-security justification.

Decentralization · passes

Border security, immigration screening, and reciprocal foreign information agreements cannot be handled by individuals, localities, or states acting alone without creating fragmented foreign policy. The Tenth Amendment reserves undelegated powers to states, but immigration, naturalization, and foreign intercourse are delegated federal functions, so federal administration at the minimum necessary level does not consolidate upward.

Due process and takings · passes

No person is deprived of life, liberty, or property without due process under the Fifth Amendment, and no property is taken for public use without just compensation. The order authorizes information access and reciprocal exchange only to the maximum extent permitted by law and creates no new penalty, detention, or forfeiture. General Provisions require implementation consistent with applicable law.

Provenance

Grade ID
18
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 00:34 UTC
Engine
primary SI engine
Source fetched
2026-10-03 22:59 UTC
Source SHA-256
49fa7a1a2608cd654423261ebf4bb2106251b8ce9463fa332c951fdc1b739e50
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #18 2026-10-08 vfa-constitutional-grade/1.0 49fa7a1a2608 current

Cite this

Values for America. “Constitutional grade: Executive Order 14385, Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats.” VFA Constitution Index, grade 18 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/18. Accessed 2026-10-19.

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