Warrantless Surveillance and TPS for Haitians

Warrantless Surveillance

Almost 3 weeks ago, House Republicans appeared to be spitting mad because the Senate had had the temerity to pass a DHS funding agreement overnight by unanimous consent and then recess. The Senate did that because it was the best deal that could get passed. (The House still hasn’t acted on that Senate DHS funding bill.)

But last night, around 2 am, the House passed a 10 day extension of existing Foreign Intelligence Surveillance Act Section 702 authorities by unanimous consent and then recessed until Monday. Apparently, it’s fine when the House does it. Why did the House do this? Because it was the best deal that could get passed.

The Foreign Intelligence Surveillance Act Section 702 is a portion of law that allows for warrantless surveillance of US citizens under some circumstances.

Because what’s at issue is not the meaning of the law, but how it’s used, we provide two contrasting explanations: one from Intel.gov and one from the American Civil Liberties Union (ACLU). Government intelligence agencies focus on what they claim is a tool to help them do their jobs better. The ACLU focuses on the unintended consequences of this tool being used.

Unlike the House, the Senate will attempt to address this extension by unanimous consent since the law expires on April 20*. However, there may be objections to the unanimous consent request and if so, the law could expire before the Senate acts.

*While the legislative language would lapse on next week, FISA courts can, and already have, certified the Section 702 provisions for at least another year. So, what changes next week if no action is taken is…nothing. For now. The court did demand some limited changes to how Section 702 is implemented. However, those changes do not align with what many members of Congress, across both parties and chambers want. What Congress members would like to see, among other things, are requirements for warrants for surveillance of communications by US citizens.

Temporary Protected Status for Haitians

The second Trump Administration has been revoking all of the Temporary Protected Status (TPS) designations it can. TPS status is designated by the federal government for people from countries where returning or staying would dangerous to due to factors like political instability or natural distaster. Haitians are one of the largest group of immigrants covered by TPS status.

As long as TPS is active, these immigrants are here legally. But, as soon as it’s revoked, they become immigrants here illegally, even though no actions of theirs have had anything to do with that change in status.

Rep. Pressley (D-MA7) put together a discharge petition on a bill introduced by Rep. Gillen (D-NY4) to force the administration to keep TPS for Haitians active and this week the House, including some Republicans, voted to pass it 224-204.

The bill has to now go to the Senate and, like any other bill, would need the President’s signature before becoming law. This last step is unlikely; the President would be more likely to veto it.

This bill’s passage is notable because it’s yet another instance (the last being the bill to release the Epstein files) in which a discharge petition was successful. Given that these petitions exist to get around leadership objections, what that means is that more and more, rank and file members are telling leadership they disagree with leadership’s positions and priorities and will work with the minority party to put forth bills.

Still rare, but a sign perhaps of some substantive change in how the House will operate going forward.

Warrantless Surveillance and TPS for Haitians was originally published by GovTrack and is republished with permission.