ICE’s Use of Spyware Raises Concerns Amid Efforts to Combat Fentanyl Trafficking
A man holds his phone up next to a U.S. Customs and Border Protection (CBP) Border Patrol agent during an immigration raid in Chicago on Oct. 4, 2025. The top official of CBP’s sister agency, Immigration and Customs Enforcement, confirmed last week that the agency is using powerful spyware that can hack into phones. Octavio Jones/AFP via Getty Images
toggle caption
Octavio Jones/AFP via Getty Images
Immigration and Customs Enforcement (ICE) has confirmed the use of advanced spyware capable of intercepting encrypted messages in a bid to combat fentanyl trafficking. This revelation came from a letter sent by the agency’s acting director, Todd Lyons, highlighting the tools used by ICE’s Homeland Security Investigations (HSI) division to dismantle foreign terrorist organizations linked to fentanyl distribution.
The correspondence, reviewed by NPR, unveils that ICE is employing various technological tools to tackle the unprecedented dangers posed by fentanyl. Lyons stated that these tools are essential to addressing the challenges of encrypted digital communications exploited by transnational criminal organizations.
ICE’s utilization of such spyware, specifically Graphite, developed by Israeli company Paragon Solutions, was confirmed following inquiries from Democratic House Committee members concerned about its use. Initially contracted at the end of the Biden administration, the agreement was paused but later resumed under the Trump administration.
Graphite’s “zero click” technology enables it to access encrypted messages on devices without requiring user interaction. Concerns were raised earlier this year when WhatsApp reported that journalists and civil society members worldwide were targeted using Graphite. Italian journalists and aid workers were among those affected, leading to Paragon terminating its contract with the Italian government.
As ICE intensifies its surveillance to identify unauthorized individuals in the U.S., the use of such technologies has sparked debate, especially with upcoming Congressional discussions on surveillance laws. These tools have also been used to monitor American citizens protesting ICE’s operations.
Rep. Summer Lee, D-Pa., expressed concerns over ICE’s response to inquiries about the spyware, stating, “They are moving forward with invasive spyware technology inside the United States.” Lee criticized the lack of detailed answers regarding potential targets and the legal justification for using such technology domestically.
ICE assured that any deployment of the tool would adhere to constitutional norms and be coordinated with legal advisors. However, civil liberties advocates remain worried about potential misuse beyond intended targets, such as drug traffickers and terrorists.
The executive order from 2023 under then-President Joe Biden, intended to prevent misuse of commercial spyware posing national security risks, was referenced in Lyons’ letter. He certified that the HSI’s use of Graphite adheres to these regulatory requirements.
Paragon Solutions’ acquisition by American firm AE Industrial Partners in 2024 has further complicated the situation. Concerns over the potential overreach of ICE’s capabilities have been voiced, with advocates calling for stringent judicial oversight and regulation.
Maria Villegas Bravo, from the Electronic Privacy Information Center, warned of the risks posed by the proliferation of such technologies, stressing the need for robust regulations to prevent constitutional and human rights abuses.
A Department of Homeland Security official justified the use of technology in investigations, asserting its role in apprehending criminals while respecting civil liberties. However, critics argue the broader deployment of such spyware could undermine the privacy and security of Americans.
This article was originally written by www.npr.org
