Background on ICE and Spyware

In 2024, ICE entered into a contract with the U.S. subsidiary of Paragon Solutions, a company that produces Graphite, a tool capable of remotely infiltrating and reading encrypted communications on a target’s device without user interaction. The agreement, valued at approximately $2 million, was quickly placed on pause by the Biden administration to determine its compliance with a 2023 executive order limiting government procurement of commercial spyware that posed significant security risks.

Under the Trump administration, the contract was reactivated, and ICE gained access to the Graphite tool for use against potential foreign terrorist organizations and fentanyl trafficking networks. Acting ICE Director Todd Lyons confirmed in an April 1 letter that the Homeland Security Investigations (HSI) team had been authorized to employ commercial spyware, citing federal compliance with the 2023 order.

DHS Statement and Ongoing Questions

On May 22, 2026, DHS issued an official statement to NPR declaring that ICE “has no current contract or relationship with the Israeli‑founder company” and that it had “no relationship with Paragon Solutions, Inc. or with the company that acquired them.” However, the agency did not clarify whether ICE retains access to Paragon‑developed tools—or whether such tools are accessible through a third‑party vendor.

Advocacy groups and lawmakers remain skeptical. The Electronic Privacy Information Center’s Maria Villegas Bravo noted that vague assurances do little to allay public concern, while Just Futures Law’s Julie Mao described the DHS response as a “half measure and a red herring.” Mao points out that, because ICE has publicly acknowledged using spyware, it is unclear whether the agency has terminated its use of Paragon’s products or shifted to a different provider.

Broader Context of U.S. Spyware Policy

The debate over commercial spyware in the U.S. intensified after the crackdown on NSO Group’s Pegasus and the removal of sanctions against the Israeli intelligence vendor Predator in 2024. Critics argue that the Trump administration’s policies are undermining hard‑line safeguards that had been established to prevent misuse of spyware by both foreign governments and U.S. agencies.

Stakeholders emphasize that the lack of transparency around ICE’s technical capabilities raises constitutional questions, particularly whether law‑enforcement officials must obtain warrants and probable‑cause approvals before accessing a target’s encrypted data. DHS has reiterated its commitment to constitutional compliance, yet no concrete evidence has been released to verify adherence to Fourth Amendment requirements.

Implications for the Public

The continued ambiguity about ICE’s use of commercial spyware underscores a broader issue: the difficulty of tracking government surveillance programs once contracts are closed or transferred to private equity ownership. Paragon Solutions was acquired by AE Industrial Partners and merged with cybersecurity firm REDLattice, but the agency has refused to confirm whether these entities retain ICE’s access to spyware tools.

Until DHS provides a transparent audit of its surveillance technologies, citizens remain uncertain about the extent of monitoring conducted on individuals who fall under ICE's jurisdiction, including immigrants, activists, and protesters. The situation illustrates the urgency for lawmakers to establish clear oversight mechanisms that balance national security interests with civil liberties.