MAGA-aligned U.S. Representative Clay Higgins (R-LA) is being slammed for pushing to pass a reauthorization of the Foreign Intelligence Surveillance Act (FISA) Section 702, legislation supported by President Donald Trump despite being criticized for enhancing the reach of the so-called “deep state” that Trump customarily maligns.
Members of Congress were asked in the middle of the night to return to the Capitol to vote on it, and a number of House Republicans, including Reps. Thomas Massie (KY) and Lauren Boebert (CO) voted nay. The FISA Section 702 authorization, due to expire, was nevertheless extended for 10 days, as it awaits further consideration by lawmakers.
Higgins pitched his opinion on social media: “FISA reauthorization with reforms, including warrant requirement policy and criminal penalty for violations within federal law enforcement agencies, is vital to our national security. Vital. I implore every American to support the bill we have hammered out. I promise that whatever concerns any of you may have, I will address and explain. This is a solid bill, it protects Americans in every way, and it must get done. It. Must. Get. Done.”
Higgins’ note was met with a Community Note which reads: “The FISA reauthorization bill (H.R. 8035) does not require warrants for queries of Americans’ communications collected under Section 702.”
FISA reauthorization with reforms, including warrant requirement policy and criminal penalty for violations within federal law enforcement agencies, is vital to our national security.
Vital. I implore every American to support the bill we have hammered out. I promise that…— Rep. Clay Higgins (@RepClayHiggins) April 17, 2026
FISA Section 702 allows warrantless surveillance of non-Americans located outside the U.S. to gather foreign intelligence, often involving U.S. service providers. According to the Office of the Director of National Intelligence (ODNI), “While critics cite the ‘backdoor search loophole’ to access Americans’ data, supporters deem it vital for national security. It was reauthorized in April 2024 until April 2026.”
Explaining how FISA 702 becomes potentially problematic for Americans, the Chicago Council of Lawyers writes that “foreigners who are targeted by those searches sometimes communicate with Americans. Such communications involving U.S. persons thus are “incidentally” intercepted and “inadvertently” collected under the authority of Section 702.”
X users on both sides of the aisle are replying to Higgins with outrage. As Matt Strickland replied: “‘criminal penalty for violations within federal law enforcement agencies.’ Do you know how many laws have been violated within the federal government in the past few years? With zero accountability. So, you can [expletive] off with your ‘trust me bro’ [expletive].”
Others are replying with a tweet Trump wrote in April 2024 which read: “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN !!! DJT.”
— DeX (@MAGADeXter) April 17, 2026