WASHINGTON (AP) — A contentious U.S. surveillance program is under scrutiny as Congress debates its reauthorization. Proponents, including President Donald Trump, argue it is vital for national security, while critics highlight privacy concerns related to the warrantless monitoring of Americans.
The Foreign Intelligence Surveillance Act includes a provision that allows agencies like the CIA and NSA to surveil international communications without a warrant. This practice often inadvertently captures the communications of Americans in contact with targeted foreigners.
With the program’s expiration looming on Monday, critics are calling for reforms, including requiring warrants to access Americans’ communications and curbing the government’s use of data from internet brokers. These changes aim to prevent what opponents see as a constitutional loophole.
Legislative votes were paused after House Republicans failed to reach a consensus. Despite a visit to the White House and lobbying efforts by CIA Director John Ratcliffe, some members remain resistant to the current form of the program.
Trump’s endorsement of the program’s continuation, citing its role in recent operations in Venezuela and Iran, has reduced the likelihood of significant changes. “The fact is, whether you like FISA or not, it is extremely important to our military,” Trump stated online.
Trump Advocates for Program Extension
Authorities argue that Section 702 of the law is crucial to national security, claiming it has thwarted terrorism. Nonetheless, detractors warn it infringes on civil liberties.
Even with past grievances regarding other FISA provisions, Trump supports an 18-month extension of Section 702, despite concerns about potential misuse against him in the future.
“My administration has worked tirelessly to ensure these FISA reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution,” Trump wrote.
Some Republican factions have remained skeptical, demanding changes, while Trump’s national intelligence director, Tulsi Gabbard, who once sought to repeal Section 702, has switched to support it citing new safeguards.
Seeking Enhanced Safeguards for Americans
Critics advocate for tighter controls on the FBI and related agencies’ data searches and increased transparency in reporting. “Journalists, foreign aid workers, people with family overseas, all could have their communications swept up in this surveillance merely because they talked to someone outside of this country,” noted Sen. Ron Wyden, D-Ore., emphasizing the need for reform.
Republicans have proposed similar changes, such as requiring warrants. “National security and civil liberties are not mutually exclusive,” stated Rep. Andy Biggs, R-Ariz., stressing the balance between foreign threats and constitutional rights.
According to an annual report, foreign surveillance targets rose to nearly 350,000 in 2025 from 292,000 in 2024, while searches likely identifying Americans slightly decreased. However, some agencies reportedly bypass public reporting, says Elizabeth Goitein of the Brennan Center for Justice.
Instances of the FBI’s non-compliance with its standards during investigations related to the Jan. 6, 2021, Capitol riot and 2020 racial justice protests were noted in a 2024 court order. “It’s reminiscent of J. Edgar Hoover’s tenure at the FBI,” Goitein remarked.
Time Constraints on Legislative Reforms
Despite bipartisan concerns about the legislation’s impact on civil liberties, the window for Congress to enact changes is closing rapidly.
Trump’s backing makes it less likely that a significant number of Republicans will support a comprehensive overhaul, aligning with Democrats. Rep. Jim Himes of Connecticut, a leading Democrat, proposed requiring court orders before the FBI accesses search results involving Americans. He expressed a desire for Section 702’s renewal with new safeguards.
In the House, a bipartisan group of lawmakers has voiced concerns, although Rep. Rick Crawford, an Arkansas Republican, supports Trump’s call for an 18-month renewal. Crawford believes in empowering intelligence agencies while ensuring accountability.
