ICE's Use of Spyware Exposes Deepening Surveillance State, Threatening Civil Liberties
Agency's admission of employing 'zero click' technology to intercept encrypted messages raises alarms about government overreach and potential abuse of power, particularly impacting marginalized communities.

Immigration and Customs Enforcement's (ICE) confirmation that it utilizes spyware technology capable of accessing encrypted communications marks a disturbing escalation in the ongoing expansion of the surveillance state. The revelation, detailed in a letter from acting director Todd Lyons in response to inquiries from Democratic members of the House Committee on Oversight and Government Reform, highlights the agency's embrace of increasingly invasive tools with potentially far-reaching consequences for civil liberties, particularly for immigrant communities and activists. The spyware, including Graphite, created by Israeli company Paragon Solutions, uses 'zero click' technology to bypass encryption, granting ICE access to private communications without any action required by the device user. This circumvents traditional safeguards intended to protect privacy and raises serious questions about due process and government accountability.
Lyons justified the use of this technology by claiming that ICE's Homeland Security Investigations (HSI) is using it to disrupt foreign terrorist organizations, 'particularly those involved in the trafficking of fentanyl.' This rationale echoes the familiar trope of using national security concerns to justify expansive surveillance powers, a pattern that has historically led to the erosion of civil liberties and the targeting of marginalized communities. The 'unprecedented lethality of fentanyl' is being used as a pretext for the use of 'cutting-edge technological tools,' but the potential for abuse is immense, especially given ICE's track record of targeting immigrants and political dissidents.
The fact that ICE initially contracted with Paragon Solutions for an unspecified software product at the end of the Biden administration, only for the $2 million contract to be paused and then revived during the Trump administration, underscores the bipartisan nature of the expansion of the surveillance state. This is not simply a partisan issue; it is a systemic problem that requires a fundamental re-evaluation of the balance between national security and individual rights. Concerns surrounding Graphite are well-documented. WhatsApp disclosed last year that approximately 90 journalists and civil society members were targeted using this spyware. Researchers at The Citizen Lab at the University of Toronto identified specific journalists and humanitarian aid providers in Italy whose devices were infected via WhatsApp messages. Paragon ended its contract with Italian government agencies in 2025, but ICE continues to employ its technology.


