Congress must rein in drone diplomacy for security cooperation before it backfires

A CBP Guardian unmanned aircraft conducts an aerial patrol in flight near Cape Canaveral, Florida. (CBP/James Tourtellotte)

By Autumn Perkey • Mar 16, 2026

As unarmed US drones circle Mexico’s northern border supporting joint counter fentanyl efforts under the banner of cartel surveillance, the line between operational cooperation and political friction has never been clear. Relationships between the United States and Mexico have remained tense due to ongoing issues with border security, ongoing trade complications, and the current political climate between the two nations. President Claudia Sheinbaum publicly emphasized that the US surveillance flights were conducted “in coordination…and at the request of her government,” a framing confirmed by Mexico’s defense leadership, which clarified that US aircraft had not crossed into Mexican airspace. The continued day-to-day coordination occurs even as relations remain tense. Congress has not yet set clear guardrails for cross-border drone operations that implicate sovereignty, covert-action, and due process. Congress needs to write the rules before practice becomes precedent.

Recent reporting indicates that the CIA’s drone surveillance program, that begun under the Biden administration, has been expanded under Trump. Mexican officials simultaneously have stressed that portions of the activity occurred within the framework of bilateral collaboration. US Customs and Border Protection’s (CBP) Air and Maine Operations (AMO) has been operating MQ-9 Predator B Unmanned Aircraft Systems (UAS) to maintain domain awareness, contributing to a surveillance ecosystem that spans both Title 50 intelligence authorities and domestic Title 6 and Title 19 enforcement authorities. While this hybrid operational reality is widely understood among practitioners, it remains largely unacknowledged in statute. Congress must act before practice hardens into precedent.

CIA operated MQ-9 Predator drone surveillance flights designated to locate fentanyl production sights was significantly expanded after January 2025, continuing a longstanding bilateral cooperation with Mexico. At the same time, CBP AMO’s MQ-9 fleet has been conducting extended range intelligence, surveillance, and reconnaissance (ISR) to support US border enforcement. Although the platforms and sensors may resemble one another, the authorities, command relationships, and reporting requirements behind the missions are fundamentally different. Congress has no single integrated picture of how these pieces fit together.