EFF Sues FAA Over 21-Month Nationwide Drone Ban Near ICE Vehicles, Calling It First Amendment Violation
The Electronic Frontier Foundation (EFF) has challenged an unprecedented 21-month nationwide flight restriction preventing private drone operators — including journalists — from flying within half a mile of any ICE or CBP vehicle.
The Restriction
- TFR Number: FDC 6/4375
- Started: January 16, 2026
- Duration: 21 months (until October 29, 2027)
- Scope: Entire United States
- Prohibition: No drones within 0.5 miles of any ICE or CBP vehicle
EFF's Arguments
- First Amendment violation: The right to record law enforcement is constitutionally protected
- Precedent: Film documentation has driven accountability (George Floyd, Renée Good, Alex Pretti)
- Abuse of TFR authority: TFRs typically last hours for events, not 21 months nationwide
- Chilling effect: Intimidates journalists and citizen watchdogs from documenting ICE operations
Who Joined EFF
Media organizations including:
- The New York Times
- The Washington Post
- Additional media law organizations
FAA's Silence
EFF sent its demand letter to the FAA in January 2026. Over two months later, the FAA has not responded.
Historical Context
The right to record law enforcement has been established through multiple court cases and is considered a critical tool for police accountability. The Trump administration's use of aviation regulation to restrict this right represents a novel and concerning approach to suppressing oversight of immigration enforcement.
Why This Matters
If upheld, this precedent could be extended to restrict aerial recording of any government activity, setting a dangerous pattern for press freedom and civic oversight.