On Wednesday, after the FAA suddenly shut down airspace over El Paso, Transportation Secretary Sean Duffy announced the unsettling move was prompted by a "cartel drone incursion," and assured Americans that "the threat has been neutralized."

However, that shutdown, which impeded everything from commercial air traffic to medevac helicopter flights, was actually caused by a trigger-happy border Border Patrol unit firing a US Army laser weapon at a party balloon, not far from El Paso International Airport. 

The introduction of the weapon into a border-security role without FAA approval may have violated federal law. The proposal for arming the border patrol with the anti-drone weapon was first presented to Deputy Defense Secretary Steve Feinberg in the spring of 2025, sources tell the New York Times. The goal was the interdiction of drones used to smuggle drugs across the frontier. According to two people, Pentagon staff cautioned that the idea would require approval of the FAA and Transportation Department, but Feinberg said the Pentagon was free to do what it wanted with the weapons. The Pentagon called their account "a total fabrication." 

In a Feb 6 email obtained by the Times, the FAA's chief lawyer warned a DOD official that putting the weapon into the border-enforcement mix without restricting the airspace "a grave risk of fatalities or permanent injuries” to civilians flying overhead. 

In the predawn hours on Monday, Feb 9, as military service members observed, Customs and Border Protection officers fired the laser weapon at what they assumed was a drone near Fort Bliss, but it was actually a metallic party balloon. Around 5pm that day, a DOD official emailed an FAA lawyer, reiterating the Pentagon's stance that prior FAA approval wasn't needed, and that the laser weapons would continue to be employed on the border, adding that he "looked forward" to a meeting to discuss the topic. 

FAA officials were said to be outraged. Early Tuesday evening, the FAA warned the Pentagon and National Security Council that an FAA-mandated shutdown of airspace near El Paso was imminent. Then came the extraordinary order from FAA administrator Bryan Bedford that airspace above El Paso would be closed for 10 days. The "temporary flight restriction notice" forbid any flights below 18,000 feet in the affected area. An angry El Paso Mayor Renard Johnson said the "unnecessary" airspace shutdown, which lasted a few hours, caused "chaos and confusion," including the diversion of medevac flights to Las Cruces, New Mexico. Bedford rescinded the order on Wednesday.  

The incident has intensified pre-existing tension between the DOD and the FAA, which goes back to the disastrous January 2025 collision between an American Airlines jet and a US Army Black Hawk helicopter that killed 67 people. At least two near-misses with Army helicopters followed. 

While it's been widely and credibly reported that CPB fired at a party balloon, the administration has yet to officially rescind its claims about a "cartel drone incursion." Meanwhile, the safety question hangs heavy in the air. In October 2024, an official at US Northern Command said safety concerns were, at the time, keeping lasers off the table where drone interdiction was concerned: 

“The biggest thing right now is the impact of the laser when it moves beyond its target. You know, how far is it going? What’s that going to do? How long does the laser need to remain on target before it begins to inflict damage and so on, right?” 

It's far from clear if those questions have since been satisfactorily answered. To the extent they're still being sorted out, maybe that process shouldn't be taking place next to El Paso International Airport.