The FISA bill would let Trump spy on Americans. Some Democrats might let it happen.

Imagine you spent the past year warning Americans about Donald Trump’s “creeping authoritarianism.” You described the president as “a wannabe dictator who is trying to take over cities and rule by instilling terror in the hearts of American people.” You noted that “he has single-handedly begun to dismantle our democracy.” If you believe such things about any president, then you should be against that president surreptitiously searching Americans’ communications without a warrant. This is especially so after a federal district court ruling last year that warrantless searches of Americans’ communications under Section 702 of the Foreign Intelligence Surveillance Act, or FISA, are a clear violation of the privacy rights protected by the Fourth Amendment. (The ruling is currently pending appeal.)

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But 42 Democrats, many of whom have called out Trump’s relentless abuses of power, are among the lawmakers who voted to let the president conduct such surveillance. And they might soon vote for it again. Reauthorization of Section 702, which is set to expire on June 12, is currently being debated on Capitol Hill.

Section 702 is a mass surveillance program Democratic and Republican presidents have abused. Spy agencies such as the FBI, CIA and National Security Agency use Section 702 to collect the communications of hundreds of thousands of people abroad. The government claims that only foreigners abroad can be “targeted” under this authority, but plenty of Americans keep in touch with family, friends, business contacts and others overseas. Virtually any text message, email, call or other communication with someone outside the U.S. could be swept up and accessed by the government without a warrant.

Past administrations have repeatedly abused these spying powers in ways that should alarm anyone who cares about dissent, democracy or free speech. Those administrations have improperly attempted to spy on peaceful protesters, federal and state lawmakers, congressional staff, campaign donors, journalists and even a judge reporting civil rights violations by local police. Opposition to unchecked warrantless surveillance under Section 702 has long united voices across the political spectrum. As House Judiciary Committee Chairman Jim Jordan, R-Ohio, wrote in an April 2025 op-ed, “Until we pass a warrant requirement, the government’s powerful surveillance authorities will always be subject to abuse.”

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The Trump administration’s actions only heighten these concerns. White House deputy chief of staff Stephen Miller has repeatedly called for investigations of Americans who criticize the government, and he advocates for extending this authority without any reforms. Miller’s history and his views on FISA should set off alarms for anyone who claims to fear the government abusing its power, but it should especially alarm the Democrats who have taken issue with Trump weaponizing executive power to prosecute his political opponents.

Rep. Jim Himes of Connecticut, the top Democrat on the House Intelligence Committee and a leading proponent of reauthorization, has suggested that he would know “pretty much in real time” if Trump were to abuse the spy program. The government’s record suggests otherwise. Over the last two years, the FBI failed to track all of its searches for U.S. persons’ communications, as the law requires. That means many of these intrusive queries were never even audited, so we don’t know if any misconduct occurred as a result. And this isn’t just an FBI problem. Recent reporting shows serious oversight problems continue to plague the NSA and CIA as well.

Section 702 defenders are quick to say we should trust the safeguards. But the safeguards haven’t prevented the litany of abuses we have already seen, and over the last year, the Trump administration dismantled the few safeguards that existed. The Privacy and Civil Liberties Oversight Board has been gutted. The watchdog for the Department of Justice was accused by a whistleblower of ignoring 20 instances of possible wrongdoing. The FBI closed an office credited with helping reduce improper Section 702 searches.