FAA rescinds rule on drone flights near DHS vehicles after Twin Cities photojournalist filed suit

Sarah Nelson, The Minnesota Star Tribune on Apr 21, 2026

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MINNEAPOLIS — The Federal Aviation Administration has walked back a rule barring drones from flying near Department of Homeland Security operations and vehicles after a Minnesota photojournalist and press freedom attorneys challenged the restrictions.

The agency last week reined in its January advisory that barred drone pilots from flying within 3,000 lateral feet and 1,000 vertical feet of federal vehicles and operations. In its place, the agency dropped the civil and criminal penalties tied to the notice.

Photojournalist Rob Levine and the Reporters Committee for Freedom of the Press challenged the no-fly restrictions on March 16, calling it an overreach on newsgathering activities. The group also argued the rule was impossible to follow, as federal immigration agents sometimes operate in unmarked vehicles that make it difficult to verify, in advance of flying, whether agents are nearby.

“The result has been a grave chilling effect on the lawful use of drones,” Reporters Committee attorneys argued in court filings.

The FAA’s new advisory asks drone pilots to avoid flying near Justice Department and Department of Homeland Security vehicles and warned operators that “pose a credible safety or security threat” to vehicle convoys may be seized or destroyed. The Minnesota Star Tribune has contacted the agency for comment about the advisory change.

“This is a big win. It was heartbreaking to have my drones grounded at a time of such importance to my community, but I’m looking forward to getting back up there and getting back to my journalism as soon as possible,” Levine said.

The policy was implemented when the Trump administration’s immigration crackdown in Minnesota was well underway and protests were frequent.

The Reporters Committee asked the District of Columbia Court of Appeals for interim relief that would stay the restrictions while the lawsuit proceeded, but dropped their request in light of the latest advisory. The group said they intend to continue with the suit despite the FAA’s new rule.

“We’re glad to see the FAA rescind its original order, which was an egregious overreach that had serious consequences for reporters nationwide,” said Grayson Clary, an attorney at Reporters Committee for Freedom of the Press. “But this kind of arbitrary back-and-forth from the FAA is exactly the problem, and we intend to make clear to the D.C. Circuit that this restriction never should have been implemented in the first place.”