ICE confirms use of powerful spyware capable of hacking into phones
ICE's acting director confirmed the agency uses powerful Graphite spyware that can intercept encrypted messages and hack into phones, primarily for fentanyl trafficking investigations.
Objective Facts
On April 1, 2026, ICE acting director Todd Lyons confirmed for the first time that ICE actively uses Paragon's Graphite spyware. Graphite uses zero-click technology to gain access to encrypted messages on a targeted device even if the user never clicks on a link. The agency signed a $2 million contract with Paragon Solutions at the end of the Biden administration, but the contract was paused until revived by the Trump administration last fall. Lyons' letter did not answer basic questions about who gets targeted, what legal authority ICE uses, or whether the spyware has been deployed against people inside the United States. WhatsApp disclosed in early 2025 that approximately 90 journalists and members of civil society were targeted with Graphite.
Left-Leaning Perspective
Rep. Summer Lee, D-Pa., told NPR that the response from ICE makes clear they are moving forward with invasive spyware technology inside the United States. Lee expressed disappointment that Lyons did not provide substantive answers to questions about who could be targeted and the legal basis for using the technology within the U.S., stating that immigrants, Black and brown communities, journalists, organizers, and anyone speaking against government abuse deserve more than secrecy and deflection from an agency with a long record of overreach and abuse. Cooper Quintin, senior staff technologist at the Electronic Frontier Foundation, expressed the biggest concern that Lyons' response doesn't rule out ICE using administrative subpoenas to deploy this malware against people protesting ICE as part of an ideological battle against constitutionally protected protest, arguing such an invasive capability should require the strongest judicial oversight. Maria Villegas Bravo, a lawyer with the Electronic Privacy Information Center, stated the U.S. does not have sufficient regulations in place to stop the government from abusing constitutional and human rights in the process of using this technology. The Electronic Frontier Foundation expressed concern that ICE buying this software will likely result in it being used against undocumented people and immigrants living legally in the U.S., as well as U.S. citizens who have spoken up against ICE or work with immigrant communities. Civil liberties groups aren't buying ICE's claim that this is only for fentanyl trafficking. Civil liberties advocates expressed particular concern that the tool could be turned against protesters, organizers, and marginalized communities without adequate judicial oversight.
Right-Leaning Perspective
ICE acting director Todd Lyons' letter stated that ICE's Homeland Security Investigations uses the spyware as part of its mission to disrupt foreign terrorist organizations, particularly those involved in fentanyl trafficking, responding to the unprecedented lethality of fentanyl and exploitation of digital platforms by transnational criminal organizations. The Trump Administration frames its use of advanced spyware as being in response to the unprecedented lethality of fentanyl. An unnamed DHS official stated that DHS is a law enforcement agency like any other, and that employing various forms of technology in support of investigations and law enforcement activities aids in the arrest of criminal gang members, child sex offenders, murderers, drug dealers, and identity thieves, all while respecting civil liberties and privacy interests. Lyons' letter specifically stated any use of the tool will comply with constitutional requirements and be coordinated with the ICE Office of the Principal Legal Advisor. No major right-leaning outlets have actively defended or elaborated on ICE's spyware use in the search results found. The only right-side positioning comes from official DHS/ICE statements emphasizing law enforcement necessity and constitutional compliance.
Deep Dive
ICE signed a $2 million contract with Paragon Solutions at the end of the Biden administration, but it was swiftly paused until revived by the Trump administration last fall. The contract was initially put on hold in 2024 to review compliance with an executive order then-President Joe Biden signed in 2023 barring use of commercial spyware that poses national security risk. WhatsApp disclosed in early 2025 that approximately 90 journalists and members of civil society were targeted with Graphite, and researchers identified specific journalists and humanitarian aid providers in Italy whose devices were infected. The core tension between left and right on this issue reflects fundamentally different threat assessments. The left prioritizes the risk of surveillance misuse against vulnerable populations and dissidents, pointing to precedent (European targeting of journalists) and citing lack of judicial oversight mechanisms. The right emphasizes law enforcement's need for cutting-edge tools to combat serious transnational crime and terrorism, while asserting constitutional compliance without detailing specific oversight structures. Neither side disputes the spyware's technical capability or its use by ICE; they dispute whether adequate legal safeguards exist and whether the stated purpose (fentanyl trafficking) matches the tool's actual deployment scope. A critical unresolved question is whether ICE has deployed Graphite domestically against U.S. citizens, which Lyons' letter explicitly did not answer. Rep. Summer Lee expressed disappointment that Lyons provided no substantive answers on who could be targeted and the legal basis for domestic use. Upcoming developments to monitor include congressional oversight hearings and potential Freedom of Information Act releases regarding deployment records, as well as whether the spyware use influences pending congressional debate on surveillance law reauthorization.