February 19, 2026


White House Seeks Extension of Spy Powers Amid GOP Division

Some of Donald Trump's staunchest allies in Congress are keen on curbing federal surveillance authorities, but the White House appears uninterested in these restrictions. Instead, it is advocating for a straightforward extension of a critical spying authority until at least 2027, as per insiders familiar with the matter. This authority allows for the warrantless collection of data from noncitizens abroad, a capability that Stephen Miller, Trump’s senior domestic policy adviser, deems essential for various national security objectives.

The push for this extension is unfolding behind the scenes as Congress faces an April 20 deadline to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA). This section has historically sparked debate within the GOP, generating tension between those who support comprehensive surveillance measures and those advocating for stricter controls to protect privacy.

The intelligence community and its Congressional allies are particularly anxious, given Trump's previous criticisms of the broader FISA law. They fear these criticisms could jeopardize the reauthorization of the warrantless surveillance provisions. If Trump aligns with Miller's perspective, it would significantly bolster the intelligence sector's position.

Conversely, this stance could complicate matters for Speaker Mike Johnson, who previously alienated some conservative hard-liners by siding with the Intelligence Committee on related issues. With the deadline rapidly approaching, GOP leaders are struggling to find consensus on the best path forward.

On Capitol Hill, discussions continue with no easy solution in sight for passing a clean extension. House Intelligence Committee Chair Rick Crawford mentioned ongoing efforts to negotiate a viable approach, acknowledging the challenges posed by the need for a supermajority to expedite the process.

Meanwhile, Senate Intelligence Committee Chair Tom Cotton is advocating for an 18-month clean extension, though some are pushing for even longer. The administration's evasiveness in recent meetings has left many lawmakers frustrated and uncertain of the White House's official stance.

The debate extends beyond partisan lines, with potential implications for various national security issues including narcotics trafficking, cyberattacks, and terrorism. As the deadline looms, key figures like Crawford and Judiciary Committee Chair Jim Jordan are exploring potential compromises that could introduce new safeguards into the surveillance program.

However, staunch privacy advocates in Congress, such as Sen. Mike Lee and Rep. Andy Biggs, continue to insist on introducing a warrant requirement for searches involving U.S. persons—a proposal seen by some as unfeasible by supporters of the current framework.

As negotiations continue, the outcome remains uncertain, with the potential to significantly impact both national security operations and privacy rights. The coming weeks will be crucial as lawmakers work against the clock to reconcile these complex and contentious issues.