Not if you stay within 400 feet AGL of the mountain terrain. You can be over 400 feet MSL (mean-sea-level) but still be within 400 feet above-ground-level from where the drone's sitting in the sky.
If I'm still following the plot, this means protesters just need to get their mountains to follow ICE activity (but remain 3000 feet away, laterally) for lawful recording.
Only if you’re caught. It’s perfectly fine to put your body and life on the line and go paragliding at those altitudes but the moment you strap a headset on for FPV, it’s “illegal”.