D.C. Circuit Faces Urgent Call to Vacate Immigration Drone Restriction

Pending ruling could end legal barrier preventing citizens from recording immigration agents

The D.C. Circuit Court of Appeals must vacate an FAA drone flight restriction that criminalized recording immigration agents, per a pending ruling in *Levine v. FAA*. EFF joined the ACLU, ACLU of D.C., National Press Photographers Association, and Professional Photographers of America in urging the court to act after the FAA rescinded the restriction in April 2026 following a March 2026 lawsuit by a drone operator. The restriction—targeting drones within half a mile of DHS patrols—was deemed unconstitutional under First Amendment scrutiny because the FAA could not justify it as a valid governmental interest. The court’s decision remains pending, with the FAA retaining the ability to reinstate the restriction at any time.

This legal shift addresses a specific barrier to transparency in immigration enforcement. If upheld, it would allow citizens to legally record immigration agents without fear of prosecution, directly improving accountability for enforcement actions. The change follows intense national backlash against immigration patrols but lacks quantified evidence of causation.

The outcome matters for security transparency: a ruling in favor of vacating the restriction would enable citizens to document immigration operations without legal risk. However, the FAA’s capacity to reinstate the rule means this progress remains contingent on the court’s next step. The source confirms the ruling is pending and the FAA could reverse the rescission—making this a critical test of legal accountability in public enforcement.

Source: EFF Deeplinks