The FAA has altered a no fly zone designation that was originally created for US military bases to apply to DHS units.#DHS #ICE
Feds Create Drone No Fly Zone That Would Stop People Filming ICE
The Federal Aviation Administration put a drone no fly zone within 3,000 feet of “Department of Homeland Security facilities and mobile assets,” according to a notice to airmen posted by the government. The no fly zone is the same type that the U.S. uses to restrict consumer drones over military bases and Department of Energy (DOE) research centers and facilities. The order appears to attempt to criminalize the use of drones to film Immigration and Customs Enforcement and DHS employees who are detaining people all over the country.The order is particularly notable because it does not apply just to static locations like DHS offices, but also to “vessels and ground vehicle convoys and their associated escorts.” The notice classifies areas within 3,000 feet horizontally and up to 1,000 feet of altitude as no fly zones and as “national defense airspace,” meaning the skies up to a half mile from ICE vehicles in Minneapolis, for example, could fall under this new jurisdiction. The notice states that people who violate the restrictions can be charged criminally, could face civil penalties, and may lose their authority to fly drones in the future.
“In addition, [drone] operators who are deemed to pose a credible safety or security threat to protected personnel, fac [facilities], or assets may be mitigated,” it adds, noting that “mitigation may result in the interference interception, seizure, damaging, or destruction of unmanned aircraft deemed to pose a credible safety or security threat to protected personnel, facilities, or assets.”
The order replaces a previous no fly zone that applied only to military bases and DOE sites. Military bases and DOE sites are static locations that don’t move. The new no fly zone, called a temporary flight restriction (TFR), applies to DHS employees and vehicles wherever they may be. ICE is notoriously performing raids all over the country with no notice.
With the rise of cheap consumer drones, some activists and protesters have used them to film law enforcement and to document police abuse. This no fly zone criminalizes that activity, further cracking down on the tactics protesters can use to keep people safe or film ICE brutality. It is unclear whether any specific incident led DHS to push for the no fly zone. DHS and the FAA did not immediately respond to a request for comment.
DHS itself has used its own drones to surveil protesters, including in Minneapolis. In 2020, a Customs and Border Patrol Predator drone surveilled people protesting the police killing of George Floyd, and last year DHS flew Predator drones over anti-ICE protests in Los Angeles. Those aircraft were detected using open source flight records and air traffic control audio. On Monday, videos of aircraft circling over Minneapolis were widely shared on social media, with many people saying the aircraft appeared to be drones. 404 Media has not yet been able to confirm what the aircraft are.
DHS Flew Predator Drones Over LA Protests, Audio Shows
Air traffic control (ATC) audio unearthed by an aviation tracking enthusiast then reviewed by 404 Media shows two Predator drones leaving, and heading towards, Los Angeles.Joseph Cox (404 Media)
The hotel told 404 Media in a statement “We are in touch with the impacted guests to ensure they are accommodated.”#DHS
Hilton Hotel That Refused DHS Reservations Backpedals
A Hilton branded hotel that originally declined to host guests because they were with the Department of Homeland Security (DHS) has backpedalled, saying in a statement Monday it does “not discriminate against any individuals or agencies and apologize to those impacted.”The episode started earlier on Monday when the official DHS X account posted what it presented as screenshots of emails from the Hilton hotel to officials.
“We have noticed an influx of GOV reservations made today that have been for DHS, and we are not allowing any ICE or immigration agents to stay at our property,” one of the emails reads. “If you are with DHS or immigration, let us know as we will have to cancel your reservation.”
This post is for subscribers only
Become a member to get access to all content
Subscribe now
There is no evidence the Instagram and Facebook account, called Montcowatch, sells anything. Lawyers from the ACLU say the move is "wild outside the scope" of DHS' authority.
There is no evidence the Instagram and Facebook account, called Montcowatch, sells anything. Lawyers from the ACLU say the move is "wild outside the scope" of DHSx27; authority.#ICE #DHS
DHS Tries To Unmask Ice Spotting Instagram Account by Claiming It Imports Merchandise
The Department of Homeland Security (DHS) is trying to force Meta to unmask the identity of the people behind Facebook and Instagram accounts that post about Immigration and Customs Enforcement (ICE) activity, arrests, and sightings by claiming the owners of the account are in violation of a law about the “importation of merchandise.” Lawyers fighting the case say the move is “wildly outside the scope of statutory authority,” and say that DHS has not even indicated what merchandise the accounts, called Montcowatch, are supposedly importing.“There is no conceivable connection between the ‘MontCo Community Watch’ Facebook or Instagram accounts and the importation of any merchandise, nor is there any indicated on the face of the Summonses. DHS has no authority to issue these summonses,” lawyers with the American Civil Liberties Union (ACLU) wrote in a court filing this month. There is no indication on either the Instagram or Facebook account that the accounts are selling any type of merchandise, according to 404 Media’s review of the accounts. “The Summonses include no substantiating allegations nor any mention of a specific crime or potential customs violation that might trigger an inquiry under the cited statute,” the lawyers add.
💡
Do you know anything else about this case or others like it? We would love to hear from you. Using a non-work device, you can message Joseph securely on Signal at joseph.404 or Jason at jason.404A judge temporarily blocked DHS from unmasking the owners last week.
“The court now orders Meta [...] not to produce any documents or information in response to the summonses at issue here without further order of the Court,” the judge wrote in a filing. The move to demand data from Meta about the identities of the accounts while citing a customs statute shows the lengths to which DHS is willing to go to attempt to shut down and identify people who are posting about ICE’s activities.
Montcowatch is, as the name implies, focused on ICE activity in Montgomery County, Pennsylvania. Its Instagram posts are usually titled “Montco ICE alert” and include details such as where suspected ICE agents and vehicles were spotted, where suspected agents made arrests, or information about people who were detained. “10/20/25 Eagleville,” one post starts. “Suspected dentention [sic] near Ollies on Ridge Pike sometime before 7:50 am. 3 Agents and 3 Vehicles were observed.”
The Instagram account has been posting since June, and also posts information about peoples’ legal rights to film law enforcement. It also tells people to not intervene or block ICE. None of the posts currently available on the Instagram account could reasonably be described as doxing or harassing ICE officials.
On September 11, DHS demanded Meta provide identifying details on the owners of the Montcowatch accounts, according to court records. That includes IP addresses used to access the account, phone numbers on file, and email addresses, the court records add. DHS cited a law “focused on customs investigations relating to merchandise,” according to a filing from the ACLU that pushed to have the demands thrown out.
playlist.megaphone.fm?p=TBIEA2…
“The statute at issue here, 19 U.S.C. § 1509, confers limited authority to DHS in customs investigations to seek records related to the importation of merchandise, including the assessment of customs duties,” the ACLU wrote. “Identifying anonymous social media users critical of DHS is not a legitimate purpose, and it is not relevant to customs enforcement.” As the ACLU notes, a cursory look at the accounts shows they are “not engaged in commerce.” The court record points to an 2017 Office of the Inspector General report which says Customs and Border Protection (CBP) “regularly” tried much the same thing with its own legal demands, and specifically around the identity of an anonymous Twitter user.“Movant now files this urgent motion to protect their identity from being exposed to a government agency that is apparently targeting their ‘community watch’ Facebook and Instagram accounts for doing nothing more than exercising their rights to free speech and association,” those lawyers and others wrote last week.
“Movant’s social media pages lawfully criticize and publicize DHS and the government agents who Movant views as wreaking havoc in the Montgomery County community by shining a light on that conduct to raise community members’ awareness,” they added.
The judge has not yet ruled on the ACLU’s motion to quash the demands altogether. This is a temporary blockage while that case continues.
The Montocowatch case follows other instances in which DHS has tried to compel Meta to identify the owners of similar accounts. Last month a judge temporarily blocked a subpoena that was aiming to unmask Instagram accounts that named a Border Patrol agent, The Intercept reported.
Earlier this month Meta took down a Facebook page that published ICE sightings in Chicago. The move came in direct response to pressure from the Department of Justice.
Both Apple and Google have removed apps that people use to warn others about ICE sightings. Those removals also included an app called Eyes Up that was focused more on preserving videos of ICE abuses. Apple’s moves also came after direct pressure from the Department of Justice.
Montcowatch directed a request for comment to the ACLU of Pennsylvania, which did not immediately respond.
Courts Block Meta From Sharing Anti-ICE Activists’ Instagram Account Info With Feds
For now, Meta cannot disclose to federal investigators the identities of Instagram users who named and shamed a Border Patrol agent.Shawn Musgrave (The Intercept)
