by Brett Feddersen
Over the years, we have seen drones evolve from simple weekend toys to advanced tools used by smugglers, for corporate espionage, and in terrorist reconnaissance. However, federal policies have struggled to keep up with these threats, leaving state, local, tribal, and territorial (SLTT) law enforcement agencies in a difficult position. These agencies are responsible for protecting critical locations, such as stadiums, power plants, and city skylines, yet they are legally restricted from taking action against drones that pose a danger to these sites and the American public.
President Trump’s new Executive Order on Restoring American Airspace Sovereignty finally breaks that stalemate—and not a moment too soon.
A patchwork that no longer works
Currently, only a few federal law enforcement components in the Department of Homeland Security (DHS), Justice (DOJ), and Defense (DoD)—have explicit legal authority under 6 U.S.C. § 124(n) and 10 U.S.C. § 130(i) to detect and mitigate (or stop) illicit drone activities. Other entities, including state and local police departments and trained security professionals, must rely on federal support or remain powerless, while unidentified drones fly dangerously over parades, concerts, major sporting events, and critical infrastructure.
According to FAA data, drone incursions have steadily increased since the establishment of federal counter-drone authorities in 2018. First responders report that drones are tailing SWAT teams, dropping contraband into prisons, spying on neighbors, and hovering over chemical plants. While the threat is local, the legal tools remain predominantly federal in nature.
What the Executive Order Does
Trump’s order does address what critics have demanded for years:
- Expands counter-drone detection authorities to all Federal agencies
- Enables SLTT law enforcement to access grant programs to buy counter-drone detection equipment
- Establishes a National Training Center for Counter-UAS to develop capabilities for securing major events, such as the 2026 FIFA World Cup and the 2028 Summer Olympics.
- Requires the publication of updated legal guidance to assist private critical infrastructure owners and operators in employing drone detection technologies.
In short, the order clears the way for a scalable expansion of counter-drone authorities to protect the American public while continuing to safeguard civil liberties—precisely the balance Congress has failed to strike.
Why now?
Opponents will cry overreach. Yet Congress has had ample opportunity. The Preventing Emerging Threats Act of 2018 was meant as a five-year “pilot program.” It is now year seven, with no expansion and no permanent fix. Congress’s current counter-drone bills sit mired in jurisdictional turf wars.
Meanwhile, the United States will host both the 2026 FIFA World Cup and the 2028 Olympic Games within the next few years. Those events will bring heads of state and millions of spectators to venues patrolled largely by SLTT authorities and trained security professionals. Expecting Washington to dispatch mobile counter-drone teams to every match and marathon is a disaster waiting to happen.
The Cost of inaction
It is easy to see the threats posed by drones. The daily examples of their potential impact are evident, particularly regarding the damage that both commercial and DIY drones can inflict on the battlefield, as well as the risks they present to our National Airspace System (NAS).
Imagine a small drone carrying a chemical irritant over a sold-out stadium. State and local police may be able to see it, but cannot use available technology to take control of it, and cannot knock it down without risking federal prosecution. That legal paralysis is an open invitation to criminals and adversaries alike.
Trump’s order changes the calculus. It tells would-be bad actors: every badge on the ground, not just the feds, now has lawful tools to stop you.
A call for bipartisan follow-through—now, not later
Executive action alone is not a permanent shield; it can be revoked by a future administration or litigated into limbo. Congress must move now to codify SLTT counter-UAS authorities with the same privacy safeguards and oversight Trump’s order outlines.
Until then, this Executive Order is the stop-gap America needs—empowering trusted law enforcement officials and critical infrastructure security professionals, reaffirming federal supremacy over airspace, and closing a loophole big enough for a drone swarm to fly through.
Brett Feddersen is the Vice President of Strategy and Government Affairs at D-Fend Solutions, the leading counter-drone manufacturer in RF-cyber solutions. He chairs the Security Industry Association’s (SIA) Counter-UAS Working Group and previously served as senior executive positions such as the Director for National Security Programs and Incident Response at the FAA, and the Transportation and Border Security Director for the National Security Council at the White House. Brett Feddersen serves as Vice President of Strategy and Governmental Affairs, leading the company’s strategy, public policy, and government relations efforts, as well as engagements with various government policymakers and decision-makers. He also chairs the Security Industry Association’s (SIA) Counter-UAS Working Group and previously served in senior executive positions at the White House, the Department of Defense, and the FAA.
