Restoring American Airspace Sovereignty

This executive order (EO) directs a coordinated federal response to drone-related threats by establishing a new interagency task force, expediting Federal Aviation Administration (FAA) rulemaking, and enhancing surveillance and enforcement powers over unmanned aircraft systems. It aims to protect critical infrastructure, public gatherings, and national security sites from unauthorized drone activity while involving state, local, tribal, and territorial (SLTT) governments in enforcement and implementation. The order defines “critical infrastructure” using a broad framework drawn from a Biden-era directive, National Security Memorandum 22 (NSM-22), which includes state- and privately-owned assets whose disruption would affect national security, public health, or economic stability.

What to watch: The order acknowledges SLTT enforcement roles and directs agencies to make data and grants available to local governments, but to avoid a top-down federal mandate that overrides existing state laws and enforcement realities, agencies must build in early and ongoing SLTT consultation. This is especially important for FAA rulemaking, which could preempt the diverse patchwork of state drone laws that govern low-altitude operations near sensitive sites, areas where federal authority is more limited and states have traditionally exercised control. The EO and NSM-22, when combined, take an expansive, impact-based approach to defining critical infrastructure, broad enough to justify federal involvement in a wide range of state and privately controlled domains. Fortunately, the EO acknowledges the need to act “consistent with the Fourth Amendment,” so agencies will need to limit how they interpret and enforce this authority to avoid infringing on individual constitutional protections.

https://www.whitehouse.gov/presidential-actions/2025/06/restoring-american-airspace-sovereignty/