Homeland Security Secretary Markwayne Mullin said Sunday that the department is operating under a threat level he described as "highest it's ever been" following the expiration of surveillance powers authorized by Section 702 of the Foreign Intelligence Surveillance Act.
The warrantless surveillance authority expired Friday after Congress declined to extend the program, which permits monitoring of individuals living abroad. The lapse came amid President Trump's appointment of Federal Housing Finance Agency Director Bill Pulte as acting Director of National Intelligence—a move that some lawmakers cited in their opposition to renewing the spy powers.
During an interview on Fox News's "Fox News Sunday," Mullin told host Shannon Bream that the department faces immediate operational challenges without the surveillance tool.
"There's ways that we can get to what we need to do, but it makes it significantly more difficult where we can cut through a lot of the bureaucracy with 702 and go after the terrorists that are trying to attack us every single day," Mullin said. He added that actions previously taking "maybe hours" will now require "days."
Mullin pointed to upcoming major events as compounding factors, including the FIFA World Cup and Freedom 250 celebrations, which he described as equivalent to "78 Super Bowls across 38 days."
What the Left Is Saying
Sen. Jack Reed (D-RI), who appeared on the same program, offered a counterpoint to Mullin's framing. The Rhode Island Democrat noted that FISA authorities remain operative under existing law even without formal reauthorization.
"That's the legislation, even though it has not been formally extended, it is still available," Reed said. "We've had one other period recently where FISA was not authorized, but it was still available to our intelligence services."
Reed argued that the extension failed due to concerns about Pulte's appointment rather than bipartisan opposition to surveillance authorities.
"The House, the Republican House, voted down FISA last Thursday, so this is not a Democratic issue per se," Reed said. "FISA is an important tool, but you can't give an important tool like this to someone who is a political hatchet man for the president, and that's what Pulte is."
Reed also expressed skepticism about Trump's subsequent nominee, Jay Clayton, saying that while Clayton is a "very accomplished lawyer," the DNI position requires "significant national security experience" that he questioned whether Clayton possesses.
What the Right Is Saying
Mullin defended the administration's position, emphasizing the operational necessity of the surveillance powers. He said intelligence and law enforcement agencies routinely arrest terrorists inside the United States using information gathered through FISA authorities.
"When I say we arrest terrorists every single week, I'm not exaggerating," Mullin said. "Those aren't the individuals that are coming across our border—those are individuals that are still inside this country."
The Homeland Security Secretary criticized state governments that have suspended their 287g federal immigration partnerships, which allow local law enforcement to perform immigration enforcement functions under federal supervision.
"Not all have the resources," Mullin said of local partners working on major events. "On top of that, you have Freedom 250 with all the activity that's going on, tremendous amount of local partnership that has to take place."
Trump has defended his appointment of Pulte as temporary, and subsequently nominated former SEC Chair Jay Clayton to serve as director of national intelligence permanently.
What the Numbers Show
Section 702 of FISA authorizes surveillance of non-U.S. persons located abroad for foreign intelligence purposes without a traditional warrant. The authority does not require individual court approval for targets.
The program expired Friday after the House voted against extension Thursday. A temporary reauthorization had been proposed but failed to advance.
Pulte's appointment as acting DNI drew scrutiny because he lacks traditional national security or intelligence experience, coming from his role at FHFA overseeing mortgage finance.
Trump's subsequent nominee, Clayton, served as SEC chair but has not held senior intelligence or defense positions.
The Bottom Line
The FISA Section 702 lapse represents a rare interruption in surveillance authorities that have operated continuously for years. Intelligence officials argue the tools are essential to identifying and disrupting threats before they materialize.
Congress faces pressure to find a path toward reauthorization, though disagreements over oversight provisions and concerns about leadership at the intelligence community's top position create obstacles. The administration has moved to install permanent DNI leadership, which may address some congressional concerns driving opposition to the surveillance program.
What happens next: Lawmakers will need to negotiate new terms for FISA reauthorization while operating under whatever residual authorities remain available. The outcome could shape U.S. counterterrorism capabilities heading into a period of elevated alert during major public events.