Cross Border Aerial Law Enforcement Operations Act
The Cross Border Aerial Law Enforcement Operations Act would authorize the Secretary of Homeland Security, with a bilateral agreement from the United States and Canada, to establish an integrated cross-border aerial law enforcement program along the U.S.-Canada border. The program would be modeled after a 2009 U.S.-Canada maritime framework and could involve staff from multiple U.S. federal agencies (such as CBP, the Coast Guard, Homeland Security Investigations, and other DHS-designated agencies) as well as Canadian law enforcement partners. Its operations would largely occur within 50 miles of the border, with specific exceptions for operational needs or emergencies. The bill places emphasis on privacy, civil rights, and civil liberties protections, requires reporting to Congress, and includes training requirements for personnel. It also directs a separate assessment of unmanned aircraft systems (UAS) usage along the northern border within one year. Notably, the bill does not authorize new appropriations.
Key Points
- 1Authorization contingent on a bilateral agreement: The program can be established only if the U.S. and Canada reach a bilateral agreement; it would be modeled on the 2009 cross-border maritime framework.
- 2Program participants and scope: The program could include officers from U.S. CBP, U.S. Coast Guard, HSI, other DHS-designated federal agencies, and appropriate Canadian agencies. Operations would be limited to roughly 50 miles on either side of the border, with exceptions for certain departures/returns or exigent circumstances.
- 3Civil rights and privacy protections: Any agreement must include specific provisions to protect privacy and civil liberties and ensure compliance with U.S. laws; personnel must receive training on these rights before participating.
- 4Notifications and oversight: The Secretary must notify Congress within 30 days of receiving the bilateral agreement and again within 30 days after Program implementation with a description of elements and scope; Congress would oversee through specified committees.
- 5Reporting if the program isn’t finalized: If the program isn’t established within two years, DHS must report on unresolved issues, potential congressional actions, civil rights/privacy concerns, and a recommended path forward.
- 6UAS assessment: Within one year of enactment, DHS must provide an unclassified report (with a classified annex if needed) on UAS use along the northern border, including coordination, jurisdiction, risks from malign actors, feasibility of cross-border UAS operations, and privacy/civil liberties implications.
- 7No new funds: The bill does not authorize additional appropriations to carry out these provisions.