Immigration and Customs Enforcement has confirmed it is using Paragon spyware, prompting outrage Thursday from a trio of House Democrats.
In response to a letter from the lawmakers inquiring about Paragon’s use, acting ICE Director Todd Lyons wrote that he had authorized the use of “cutting-edge technological tools” to help the Homeland Security Investigations division fight fentanyl, particularly against organizations using encrypted communications.
“Any use of the technology will comply with constitutional requirements and be coordinated with the ICE Office of the Principal Legal Advisor,” Lyons wrote Wednesday, without naming Paragon specifically. “Further, use of the technology will align with and support the Homeland Security Task Force’s strategic initiatives to identify, disrupt, and dismantle Foreign Terrorist Organizations, addressing the escalating fentanyl epidemic and safeguarding national security.”
But Democratic Reps. Summer Lee of Pennsylvania, Shontel Brown of Ohio and Yassamin Ansari of Arizona weren’t pleased with ICE’s answer.
“It’s outrageous that [the Department of Homeland Security] and ICE are using this spyware with no Congressional oversight and a complete lack of compliance standards,” they said in a joint statement shared with CyberScoop. “Given the track record of the Trump Administration, ICE’s feigned compliance with existing standards doesn’t mean much; we need to see proof and evidence of ironclad safeguards.
“That’s why we requested so much documentation, which they have completely failed to provide,” they continued. “House Democrats will continue to demand more information and hold ICE accountable for its abuses.”
Lyons wrote that he certified use of the technology, which he said complied with a 2023 executive order issued by then-President Joe Biden. That executive order requires certification that use of commercial spyware wouldn’t pose national security or counterintelligence risks, or create significant risks of improper use by a foreign government.
In 2024, the $2 million ICE contract with Paragon came under White House review. But last year, ICE lifted a stop-work order.
ICE didn’t immediately respond to a request for comment on the Democrats’ reaction. ICE’s use of surveillance technology has drawn concern from civil liberties groups.
Paragon’s Graphite technology has been found on the phones of journalists and there are suspected uses in a number of countries. WhatsApp last year said it had disrupted a campaign employing the spyware against its users.
Bloomberg first reported on Lyons’ letter.
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