Foreign Intelligence Surveillance Act (FISA)

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266 Articles

“In Focus” Syllabus Supplements: ICE and CBP Operations in Minnesota and Other States (2025–2026)

This syllabus supplement offers curated articles intended to be combined with traditional casebooks in a law or higher ed classroom.
Security cameras are seen in the foreground as the United States national flag flies at the U.S. Consulate General Guangzhou on July 14, 2026, in Guangzhou, Guangdong Province, China.

AI and Warrantless Foreign Intelligence Surveillance

The use of LLMs for foreign intelligence surveillance erodes the rules put in place to safeguard Americans' civil liberties.
The first order of the Alien Terrorist Removal Court, issued by its Chief Judge Joan Ericksen, on July 16, 2026.

The Alien Terrorist Removal Court’s First Case

Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches

"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."

Former FBI General Counsel Weissmann on FISA Reforms

Ryan Goodman sits down with Andrew Weissmann, former FBI General Counsel and DOJ veteran, to unpack FISA reauthorization.
Federal agents block people protesting an ICE immigration raid at a nearby licensed cannabis farm on July 10, 2025 near Camarillo, California. Protestors stood off with federal agents for hours outside the farm in the farmworker community in Ventura County. A Los Angeles federal judge is set to rule Friday on a temporary restraining order which would restrict area immigration enforcement operations. (Photo by Mario Tama/Getty Images)

Is the Government Using Counterterrorism Surveillance Tools to Surveil American Companies?

Section 702 surveillance and parallel construction may be quietly driving aggressive ICE workplace raids, hiding constitutional violations from workers and businesses.
The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications

"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."
Magnifying glass over computer code (vie Getty Images)

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner

A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

The Truth Behind Section 702 Query Statistics

Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches

A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702

Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.
​A man, ICE Acting Director Caleb Vitello​, surrounded by a least two other men, members of the New York City Fugitive Operations Team​, conduct targeted enforcement operations on January 28, 2025 in New York City. The officers are in "POLICE ICE" tactical gear.

The Deeper Problem with ICE’s Arrest Warrants

DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.
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