GoKawiilEFF, ACLU file brief against FAA drone rule limiting recording of ICE agents
EFF joined the ACLU, ACLU of D.C., and photography trade groups in an amicus brief urging the D.C. Circuit to strike down an FAA drone flight restriction in Levine v. FAA. The rule had barred drones from flying near DHS officers and vehicles, including ICE and CBP convoys, effectively blocking aerial recording of immigration enforcement even from over half a mile away. Although the FAA rescinded the restriction in April after being sued, the petitioner argues the case should still be decided because past violations remain punishable and the agency could reimpose the rule.
GoKawiil's interpretation of the reporting above, not reported fact.
The case tests whether the government can use aviation regulations to sidestep First Amendment protections for recording police and immigration agents in public. Drones offer unique aerial vantage points that are cheaper and safer than helicopters, making them valuable tools for journalists and watchdogs documenting law enforcement conduct. A ruling could set precedent on whether agencies can quietly withdraw contested rules to dodge judicial scrutiny while retaining power to reinstate them later.
- EFF and allies filed an amicus brief in Levine v. FAA challenging a drone restriction near DHS and ICE operations.
- The FAA rescinded the rule in April but the case continues since past violations and reinstatement risk remain.
- The brief argues drones provide unique, safer aerial documentation of law enforcement actions that ground cameras cannot capture.
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Published there as: “Vacate a drone restriction that criminalized recording immigration agents”
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