Hearings to examine defending against drones, focusing on setting safeguards for counter unmanned aircraft systems

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary · May 20, 2025 · 119th Congress
The Senate Judiciary Committee held this hearing to examine threats posed by criminal and hostile use of drones — at the border, in prisons, and at public gatherings — and whether state and local law enforcement should get expanded authority to detect and mitigate them, since federal law currently limits that authority to four agencies (DOJ, DHS, DOD, and DOE). Begins at ▶ 0:17:24
Transcript
Highlights

Title

Expanding counter-drone authority for state and local law enforcement

Purpose

The Senate Judiciary Committee held this hearing to examine threats posed by criminal and hostile use of drones — at the border, in prisons, and at public gatherings — and whether state and local law enforcement should get expanded authority to detect and mitigate them, since federal law currently limits that authority to four agencies (DOJ, DHS, DOD, and DOE). Witnesses included Texas DPS's Captain Wilson, Florida Highway Patrol's Sergeant Dooley, Florida Corrections Secretary Ricky Dixon, former DHS official Jennifer Daskal, and Georgetown law professor Laura Donohue, who debated proposed legislation including a bipartisan bill from Senators Peters and Johnson and Sen. Lee's SHIELD Act. Begins at▶ 0:17:24

Who spoke

• Chair Jim Risch▶ 0:17:24: Opened by noting the 2018 counter-drone authority given to DOJ/DHS excluded state and local law enforcement▶ 0:17:55, and cited threats from drones at correctional facilities and the southern border▶ 0:20:06▶ 0:20:39.

• Chair Chuck Grassley▶ 0:23:23: Took over to introduce witnesses and their backgrounds▶ 0:23:53, swore in the panel▶ 0:27:30, and later questioned witnesses on cartel drone incidents and prison contraband threats▶ 0:53:45▶ 0:58:29.

• Mr. Wilson (Captain, Texas Rangers/Texas DPS)▶ 0:27:56: Said Texas DPS detected 1,216 border drone incursions over 12 months, nearly half reaching 600–1,800 feet, the altitude range of Border Patrol helicopters▶ 0:29:46; described a Texas drone being electronically mitigated by a cartel and crashing about 1,000 feet away▶ 0:56:13; testified existing border sensors cover only 14% of the 1,200-mile Texas-Mexico border▶ 0:31:13.

• Mrs. Jennifer Daskal (Georgetown Cybersecurity, former DHS official)▶ 0:32:41: Backed the bipartisan Peters-Johnson legislation as a starting point▶ 0:33:37; described the late-2024 New Jersey drone sightings as ultimately traced to lawfully authorized aircraft▶ 0:34:33; noted a 19-year-old was arrested May 13, 2025 for planning an ISIS-linked attack on a Michigan military base using a surveillance drone▶ 0:35:00.

• Mr. Dooley (Sergeant, Florida Highway Patrol)▶ 0:37:41: Described drones interfering with a medical helicopter's takeoff at a crash scene▶ 0:40:41; said federal partners often ask his team to mitigate drones but he must say no because Florida lacks that authority▶ 0:56:56; recommended a tiered federal credentialing system before granting mitigation powers▶ 1:13:24.

• Mrs. Laura Donohue (Georgetown Law professor)▶ 0:43:20: Argued current counter-drone law raises First, Fourth, Fifth, and Tenth Amendment concerns, calling parts of it a functional "general warrant"▶ 0:46:24; said states control airspace under 400 feet under the Tenth Amendment▶ 0:47:42; later told Sen. Kennedy she supports state/local mitigation authority only within constitutional limits, including nexus and warrant requirements▶ 1:39:30▶ 1:40:31.

• Mr. Dixon (Secretary, Florida Department of Corrections)▶ 0:48:24: Said drone-delivered contraband forces facility lockdowns halting rehabilitation programs▶ 0:49:40; reported a 98% increase in outside medical trips tied to contraband▶ 1:14:47; warned it is "only a matter of time" before firearms are drone-delivered to enable an inmate takeover▶ 0:51:02.

• Sen. Dick Durbin (D-IL)▶ 0:59:56: Raised privacy concerns about unidentified drones over public events like Wrigley Field and who protects bystanders' privacy▶ 1:00:43▶ 1:01:31; got Donohue to confirm current provisions could permit Fourth Amendment violations▶ 1:03:40.

• Sen. Mike Lee (R-UT)▶ 1:04:03: Introduced his SHIELD Act to give state/local law enforcement limited counter-UAS authority▶ 1:04:29; questioned Dooley and Dixon on lockdown protocols and border-detection benefits▶ 1:07:44▶ 1:08:29.

• Sen. Amy Klobuchar (D-MN)▶ 1:12:05: Asked about balancing news organizations' drone use with public safety▶ 1:12:30 and about threats to correctional officers from smuggled contraband▶ 1:14:22.

• Sen. Katie Britt (R-AL)▶ 1:15:46: Asked Wilson and Dooley whether extending existing federal mitigation authority to state/local police would suffice, noting authority currently cannot be delegated▶ 1:17:07▶ 1:17:14; confirmed with both witnesses that adequate training is not yet in place▶ 1:19:37.

• Sen. Ashley Moody (R-FL)▶ 1:21:29: Described a Chinese national student later deported after using a drone to photograph a Norfolk naval base, arrested January 18, 2024▶ 1:23:47; announced plans to introduce a Drone Espionage Act to criminalize video, not just photos, of sensitive defense sites▶ 1:25:38.

• Sen. Eric Schmitt (R-MO)▶ 1:27:28: Pressed Daskal on her role drafting the DHS Disinformation Governance Board's charter and a planned April 2022 meeting with Twitter, tying it to COVID-19 and mask misinformation efforts▶ 1:29:31▶ 1:31:12; accused her of undermining First Amendment credibility on drone privacy concerns▶ 1:30:25.

• Sen. John Cornyn (R-TX)▶ 1:32:55: Cited the July 13, 2024 Trump assassination attempt, noting the shooter used a drone to surveil the rally site beforehand despite temporary flight restrictions▶ 1:33:25; confirmed with Wilson that drone incursions occur between, not just at, ports of entry▶ 1:38:16.

• Sen. John Kennedy (R-LA)▶ 1:39:00: Sharply challenged Donohue's constitutional conditions on counter-drone authority, accusing her of trying to "love the bill to death" and being "on the side of the bad guys"▶ 1:42:10▶ 1:42:52.

• Sen. Richard Blumenthal (D-CT)▶ 1:44:29: Asked whether state/local police need more authority and resources given FAA and DHS response limits▶ 1:45:30; got confirmation from Donohue that roughly 80% of U.S. drones are made by DJI, a Chinese company▶ 1:48:45.

• Sen. Marsha Blackburn (R-TN)▶ 1:49:40: Cited two Tennessee cases of criminals attempting armed-drone attacks, one against the Knoxville FBI field office and one against an electrical substation▶ 1:54:40; pressed Dooley and Dixon on how to accelerate reforms before an attack succeeds▶ 1:55:25.

Key moments

• Wilson testified Texas DPS recorded 1,216 border drone incursions in 12 months, with nearly half flying at 600–1,800 feet — the same altitude range used by Border Patrol helicopters — and that existing sensors cover just 14% of the Texas-Mexico border▶ 0:29:46▶ 0:31:13.

• Wilson described a Texas Ranger drone being electronically mitigated by a cartel operator during a joint investigation with U.S. Border Patrol, crashing about 1,000 feet from the mitigation site▶ 0:55:39▶ 0:56:13.

• Dixon warned it is "only a matter of time" before firearms are drone-delivered into a prison timed with smuggled cell phones to enable a facility takeover▶ 0:51:02.

• Dooley testified federal partners routinely ask him to mitigate detected drones and he must repeatedly say no because his agency lacks that authority▶ 0:56:56.

• Sharp exchange between Sen. Kennedy and Prof. Donohue: Kennedy accused her of trying to "love the bill to death" and being effectively "on the side of the bad guys" for insisting on constitutional conditions; Donohue said she supports the authority only "within constitutional limits"▶ 1:39:30▶ 1:42:39▶ 1:42:52.

• Sen. Schmitt confronted Daskal over her role drafting the 2022 DHS Disinformation Governance Board charter, including a planned meeting with Twitter and efforts to address COVID-19 origin and mask "disinformation," calling it "the biggest affront to the First Amendment" per a federal judge▶ 1:29:31▶ 1:30:25.

• Sen. Cornyn noted the July 13, 2024 shooter in the attempted assassination of President Trump used a drone to surveil the rally site in advance despite temporary flight restrictions being in place, and the Secret Service lacked adequate anti-drone technology▶ 1:33:25.

• Donohue stated roughly 80% of drones in the U.S. are manufactured by DJI, a Chinese company, raising data-security concerns Blumenthal and Blackburn linked to restricting DJI use by military and law enforcement▶ 1:48:45▶ 1:50:10.

• Sen. Moody described a Chinese national student arrested January 18, 2024 for flying a drone over the Norfolk naval base and other sensitive sites, later deported, and announced plans for a Drone Espionage Act to criminalize video (not just photos) of defense sites▶ 1:23:47▶ 1:25:38.

• Donohue argued the current legal framework functions like an unconstitutional general warrant, lacking particularity requirements, third-party review, or probable cause for drone search/seizure▶ 0:46:24▶ 0:46:45.

Metadata

CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateMay 20, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript316 caption blocks · 12,865 words · 1:57:39 runtime
EventCongress.gov 336972