Stephen Miller is pushing to extend a surveillance program used by the U.S. government to spy on noncitizens abroad.
Donald Trump’s deputy chief of staff is leading a concerted White House effort to prolong Section 702 of the Foreign Intelligence Surveillance Act (FISA) into at least 2027, Politico reports, citing five anonymous sources with knowledge of the situation.
The measures, which empower the administration to gather data on non-U.S. nationals in foreign countries without a warrant, are currently set to expire on April 20.
Trump has publicly railed against FISA in the past. It was under this framework the FBI pursued aspects of its investigation into Russian interference in the 2016 presidential election, which the president has long decried as a “hoax.”
It also remains a highly divisive issue among ranking Republican Party members.
Some MAGA loyalists reportedly feel anxious about any measures permitting the administration to carry out intelligence operations without a warrant. Others, that Section 702 is instrumental to protecting U.S. interests from a variety of threats, from narcotrafficking and cyberattacks to arms smuggling and terrorism.
Those divisions, along with a present lack of clarity over the president’s own position, pose a significant obstacle to Miller’s reported efforts to push an extension through Congress before the measures expire in two months’ time.
“April 20 is the deadline, so we’ve got to work fast,” GOP Rep. Rick Crawford, chair of the House Intelligence Committee, told Politico.
“Obviously the White House has vested interest in retaining 702 authority. It’s a national security issue,” he added. “So, you know, it’s very important to them.”
The exact format of any extension, and any strategy for getting it passed, remains under discussion.
Crawford has reportedly spoken with Congressman Jim Jordan, chair of the Judiciary Committee, about possible compromises to address the latter’s concerns about a present lack of guardrails on how Section 702 is used.
“We know 702 is important,” Jordan told Politico. “We know it needs to get reauthorized. We’re committed to getting that done.”
“We just want to do it in the best way possible so that you can get the bad guys, know what the bad guys are doing overseas, but also protect Americans,” he added. “I’m confident we’ll get there.”
The Daily Beast has contacted the White House for comment on this story.
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