WASHINGTON — Lawmakers face a Monday deadline to decide the fate of a controversial surveillance program that allows intelligence agencies to monitor foreign communications, with President Donald Trump advocating for its extension despite ongoing privacy debates.
The Foreign Intelligence Surveillance Act provision enables the CIA, NSA, FBI and other agencies to gather and examine extensive overseas communications data without obtaining warrants. The surveillance sometimes captures communications involving Americans who contact monitored foreign targets.
With the program set to expire Monday, lawmakers are debating reforms including mandatory warrants before officials can review Americans’ emails, phone calls or text messages. Critics also seek restrictions on government purchases from internet data brokers, who sell massive amounts of personal information collected online.
Reform prospects diminished after Trump endorsed the program’s continuation, citing its value in providing crucial intelligence for recent U.S. operations in Venezuela and Iran.
“The fact is, whether you like FISA or not, it is extremely important to our military,” Trump posted on social media Tuesday.
Government officials describe the program, called Section 702, as essential for national security and preventing terrorist attacks. Opposition voices characterize it as a dangerous violation of constitutional rights and personal privacy.
In his Truth Social message, Trump acknowledged that a different FISA provision targeted his 2016 campaign but endorsed Section 702’s extension despite concerns about potential future misuse by political opponents. He urged Congress to approve an 18-month extension of the foreign surveillance authority.
“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.
Trump has historically criticized intelligence agencies and previously opposed Section 702 before changing his position. “KILL FISA” Trump posted on social media in 2024, when lawmakers last renewed the provision.
Trump isn’t alone in shifting positions: Director of National Intelligence Tulsi Gabbard previously sponsored legislation as a Hawaii representative to eliminate Section 702 but now endorses it after her appointment to oversee the nation’s 18 intelligence agencies.
Gabbard credits new safeguards implemented since her congressional service for influencing her changed perspective.
Beyond warrant requirements for accessing Americans’ information, critics seek enhanced protections governing how the FBI and other agencies search communications and report those activities publicly.
“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,” said Sen. Ron Wyden, D-Ore. The persistent law opponent advocates for modifications ensuring the government doesn’t secretly violate constitutional rights.
Multiple Republicans have also proposed changes, including the warrant requirement.
“National security and civil liberties are not mutually exclusive,” said Rep. Andy Biggs, R-Ariz. “We can give our intelligence professionals the tools they need to target foreign threats while ensuring that Americans are not subjected to unconstitutional surveillance.”
Gabbard’s office publishes annual statistics showing foreign surveillance targets and searches potentially identifying Americans.
In 2025, foreign surveillance targets rose to nearly 350,000 from approximately 292,000 in 2024. Searches using terms possibly identifying Americans dropped slightly to 7,724 from 7,845 in 2024.
These figures are incomplete because agencies like the FBI have developed methods to access data without publicly reporting searches, according to Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center for Justice at New York University.
FBI personnel repeatedly violated internal guidelines when searching for intelligence about the January 6, 2021, Capitol attack and 2020 racial justice demonstrations, a 2024 court ruling revealed.
“It’s reminiscent of J. Edgar Hoover’s tenure at the FBI,” Goitein said, referencing the FBI’s founding director who employed illegal surveillance to intimidate and monitor Americans. “They can pretty much target anyone.”
Despite bipartisan worries about the law and its civil liberties implications, Congress has limited time to implement changes before Monday’s deadline.
Trump’s endorsement also decreases the likelihood that sufficient Republicans will oppose party leadership and collaborate with Democrats on reform efforts.
Wyden noted that Section 702 votes are typically postponed until the final moment, when lawmakers face pressure that national security requires approval. Legislators are warned, he explained, that “if they vote for any amendments, the program will die and terrible things will happen and it will be all their fault.”
The House presents the strongest opportunity for incorporating changes, where numerous lawmakers from both parties have voiced concerns.
However, Rep. Rick Crawford, an Arkansas Republican leading the House Intelligence Committee, supports Trump’s proposal for an 18-month extension.
Crawford has previously criticized what he terms intelligence weaponization but stated last month that he believes the government can strengthen spy agencies while maintaining accountability.
“We can walk and chew gum at the same time,” Crawford said.
