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Homeland Security Department Doc #2026-13609

Counter-UAS Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional Agencies

Full Text
Published
July 06, 2026
Summary

In this interim final rule ("IFR"), the Department of Justice ("DOJ") and the Department of Homeland Security ("DHS") (collectively, "the Departments") codify the framework for implementing the SAFER SKIES Act, which authorizes State, local, Tribal, and territorial law enforcement or correctional ("SLTT") agencies to conduct counter-unmanned aircraft system ("C-UAS") operations. This framework governs training and certification (including a two-tiered structure for detection and warning operations and for mitigation operations), authorized technologies, spectrum coordination, airspace approval, real-time air traffic control notification, mitigation reporting, privacy protections, and compliance requirements for SLTT agencies in relation to the exercise of C-UAS authority.

Constitutional Analysis
Fourth Amendment – Protection Against Unreasonable Searches and Seizures restricts 80% confidence

The implementation of C-UAS operations may lead to increased surveillance and potential violations of privacy rights.

Case Law: Katz v. United States (1967)
Fifth Amendment – Due Process restricts 80% confidence

The framework may impact due process rights related to the use of C-UAS technology without adequate oversight.

Case Law: Mathews v. Eldridge (1976)
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