U.S. Customs and Border Protection documented a staggering 45,000 drone detections along the southwest border in 2023, with approximately 2,500 unauthorized incursions into U.S. airspace, highlighting the urgent need for expanded counter-UAS authorities. The revelations came during a critical House Homeland Security joint subcommittee hearing where federal officials pressed Congress for broader powers to combat the growing drone threat, reports FedScoop.
The Department of Justice, FBI, and CBP collectively emphasized that current Legal frameworks are insufficient to address the proliferation of drones near U.S. borders and at major public events. With existing counter-UAS authorities set to expire next week, the legal landscape surrounding drone mitigation faces a critical juncture.
Keith Jones, CBP’s deputy executive assistant commissioner of air and marine operations, described persistent counter-surveillance operations where drones monitor U.S. law enforcement activities around the clock. These sophisticated operations extend beyond mere surveillance, with Jones confirming that cartels are using drones to transport limited quantities of narcotics and weapons across the border, though the small payload capacity has prevented widespread fentanyl trafficking via UAS.
The proposed Counter-UAS Authority Security, Safety, and Reauthorization Act (H.R.8610) aims to address these challenges by expanding drone detection and mitigation capabilities. Brad Wiegmann, DOJ’s deputy assistant attorney general for national security, emphasized that without updated legal authorities, even basic counter-drone measures could violate existing aviation laws.
A key component of the proposed legislation would create a pilot program enabling select state and local law enforcement agencies to acquire drone mitigation capabilities. FBI Assistant Director Robert W. Wheeler Jr. highlighted the critical need for this expansion, noting that since 2019, the bureau has conducted 69 counter-UAS operations and identified over 1,000 drones operating in violation of federal law.
The expansion would significantly broaden protection beyond major events like the Super Bowl and World Series to include smaller but equally critical gatherings. However, implementation would require extensive training and coordination with the FAA, DHS, and DOJ to ensure proper procedures and protect civil liberties.
These developments come as drone incidents continue to rise at public events, exemplified by an April incident where an unauthorized drone approached the Boston Marathon finish line. The FBI’s intervention in that case underscored both the agency’s capabilities and its limited resources to cover the thousands of annual mass gatherings across the country.
As Congress considers this legislation, the balance between security needs and civil liberties remains crucial. The proposed bill includes enhanced protections for legal drone operators while providing law enforcement with necessary tools to address legitimate threats, reflecting the complex challenge of managing drone security in an increasingly autonomous airspace.​​​​​​​​​​​​​​​​