Dangerous

On Wednesday, United States Customs and Border Protection confirmed to 404 Media that it has been flying Predator drones over Los Angeles amid the LA protests. The military drones, a CBP statement said, “are supporting our federal law enforcement partners in the Greater Los Angeles area, including Immigration and Customs Enforcement, with aerial support of their operations.”

State-level law enforcement agencies across the US use various types of drones and other vehicles, like helicopters, to conduct aerial surveillance, and other agencies use drones in their operations as well. For example, the California Department of Forestry and Fire Protection “doubled its use of drones” this year, according to the office of Governor Gavin Newsom, as part of efforts to combat forest fires. However, CBP’s MQ-9 Reaper drones, also known as Predator B drones, are military-caliber UAVs used for aerial reconnaissance that can be armed.

In 2020, during President Donald Trump’s first administration, CBP flew a Predator drone over Minneapolis during the George Floyd protests. And, in the intervening years, researchers have tracked Department of Homeland Security Predator drones flying over various US cities with no clear explanation. In the case of LA, Trump has deployed more than 700 active-duty Marines and federalized the National Guard, sending nearly 4,000 guardsmen to California over Newsom’s objections. In combination with these actions, the presence of the CBP drones paints a picture of expanding federal involvement—and potentially control—over what are typically state matters.

“Military gear has been used for domestic law enforcement for a long time, but flying military gear over LA at a time when the president has sent military units against the wishes of the governor is noteworthy,” says Matthew Feeney, a longtime emerging technologies researcher and advocacy manager at the nonpartisan UK civil liberties group Big Brother Watch. “If the federal government portrays immigration as a national security issue, we shouldn’t be surprised if it openly uses the tools of national security—i.e., military hardware—in response.”

Carrying powerful cameras and other sensors, Predator drones can record clear, detailed footage of events like protests from high altitudes.

CBP’s “Air and Marine Operations (AMO) is providing aerial support to federal law enforcement partners conducting operations in the Greater Los Angeles area,” CBP told WIRED in a statement responding to questions about whether the operation over LA is routine or anomalous. “AMO’s efforts are focused on situational awareness and officer safety support as requested.”

Patrick Eddington, a senior fellow in homeland security and civil liberties at the Cato Institute, warns that “the more the protests spread to other cities, the more of that kind of surveillance we’ll see.”

CBP told 404 Media this week that “AMO is not engaged in the surveillance of first amendment activities.” That statement aligns with a commitment the US Department of Homeland Security made in December 2015. “Unmanned aircraft system-recorded data should not be collected, disseminated or retained solely for the purpose of monitoring activities protected by the US Constitution, such as the First Amendment’s protections of religion, speech, press, assembly, and redress of grievances (e.g., protests, demonstrations),” a DHS “Privacy, Civil Rights & Civil Liberties Unmanned Aircraft Systems Working Group” wrote at the time.

In practice, though, it is unclear how the Predator surveillance could “support” ICE agents and other federal law enforcement without monitoring the protests and capturing images of protesters.

While researchers note that the use of Predator drones over LA is not unprecedented—and, at this point, perhaps not surprising—they emphasize that this pattern of activity over time only makes it more likely that the federal government will deploy such monitoring in the future, regardless of how a state is handling a situation.

“It’s not new or even all that unexpected from a spooked Trump administration, but it’s still a terrible use of military technology on civilian populations,” says UAV researcher Faine Greenwood. “It’s basically continuing a worrying trend, but also people should be angry about it and refuse to normalize it.”

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