The United States House of Representatives passed a three-year extension for the foreign surveillance program known as Section 702 of the Foreign Intelligence Surveillance Act (FISA) on Wednesday. Alongside this, they approved a budget resolution that could potentially provide funding for the Immigration and Customs Enforcement (ICE) and the Border Patrol, setting a possible course to conclude the Department of Homeland Security's (DHS) record-breaking shutdown.
The day was marked by one of the most tumultuous legislative sessions in recent congressional history. Internal disagreements led to prolonged paralysis in the chamber, with House Speaker Mike Johnson seen publicly negotiating with rebellious conservatives.
The FISA vote ended with a 235-191 tally, with 22 Republicans opposing and 42 Democrats supporting it, showcasing a bipartisan coalition. Originally set to expire on Thursday, this program allows agencies like the National Security Agency (NSA) to collect foreign communications without individual warrants.
Despite the approval, the House version includes a permanent ban on the Federal Reserve issuing digital currency, a demand from the Freedom Caucus. Senate Majority Leader John Thune warned this version is "dead on arrival" in the Senate and is working on a 45-day extension to prevent the program from lapsing while a final solution is negotiated.
Connecticut Representative Jim Himes, the leading Democrat on the Intelligence Committee, stood in support of the renewal, arguing, "If we saw the slightest misuse of these powers, I wouldn't be here today advocating for this bill."
Himes firmly dismissed accusations that the program is unconstitutional, stating, "Section 702 is not a dragnet. It's not a power that can be used to surveil Americans."
Budget Resolution and DHS Shutdown
Concurrently, the House narrowly passed a budget resolution along strict party lines, 215-211, which had been approved by the Senate on Tuesday with a 50-48 vote. This measure authorizes approximately $70 billion to fund ICE and the Border Patrol over the next three years through budget reconciliation, allowing Republicans to proceed in the Senate with just 51 votes, bypassing the need for Democratic support.
This vote marks the first tangible step toward ending the DHS shutdown, now at 74 days since February 14, making it the longest in U.S. history. Over 270,000 employees have been impacted, with 258,000 working without pay as they are deemed essential.
Democrats had tied their support to reforms in the Trump administration's immigration tactics, including the use of body cameras and operational restrictions in sensitive areas like schools and hospitals. Through reconciliation, Republicans can bypass these demands.
Before these votes, Johnson faced a procedural rebellion. A group of hardline conservatives — including Andy Biggs, Tim Burchett, and Harriet Hageman — stalled a key vote for over two hours. After intense negotiations visible to all in the chamber, the rule was eventually passed 216-210.
"These are some of the most complex public policy issues Congress deals with, all compressed by deadlines looming over us," Johnson remarked after exiting the chamber.
Democratic Representative Jim McGovern from Massachusetts summed up the day with a single phrase when approached by journalists: "A damn mess."
While a resolution is not immediate — the House is set to enter a week-long recess — Johnson could bring a separate Senate-approved project to the floor before departing. This would fund ICE and the Border Patrol and cover agencies like the Federal Emergency Management Agency (FEMA), the Coast Guard, and the Transportation Security Administration (TSA). Homeland Security Secretary Markwayne Mullin had warned that the department's emergency funds would be depleted by the first week of May, and Trump set June 1 as the deadline for Republicans to send the complete reconciliation bill to his desk.
Key Questions on DHS Shutdown and Surveillance Program
What is Section 702 of the FISA?
Section 702 of the Foreign Intelligence Surveillance Act allows U.S. agencies like the NSA to collect communications from foreign individuals without individual judicial warrants. It is a key tool used for foreign intelligence gathering.
Why is the DHS shutdown significant?
The DHS shutdown, lasting 74 days, is the longest in U.S. history. It has affected over 270,000 employees, with many working without pay, highlighting the significant impact of political stalemates on federal operations.
How does the budget resolution affect ICE and Border Patrol funding?
The budget resolution authorizes approximately $70 billion to fund ICE and Border Patrol over three years using budget reconciliation, which allows passage with a simple majority in the Senate, bypassing the need for bipartisan support.