The acting head of the U.S. Immigration and Customs Enforcement (ICE), Todd Lyons, informed lawmakers that the agency has acquired and deployed spyware from Paragon Solutions for drug trafficking investigations. In a letter to Congress, Lyons justified the use of advanced technology by ICE’s Homeland Security Investigations (HSI) unit as a necessary measure against foreign terrorist organisations leveraging encrypted communication.
The law enforcement community often cites the inability to access encrypted data as a reason for using spyware, which can extract information directly from devices. However, critics, including human rights advocates, have highlighted growing concerns over the misuse of such technology against journalists, politicians, and civil society members.
In his correspondence, Lyons claimed that ICE’s implementation of spyware would adhere to constitutional standards and asserted that he had verified the operational use of the tool posed minimal risks regarding security or abuse by foreign entities.
This revelation follows a contentious contract signed by ICE with Paragon Solutions in 2024, which was initially suspended by the Biden administration due to concerns about compliance with an executive order aimed at prohibiting the use of spyware that could infringe upon the rights of Americans or violate human rights. The suspension was lifted in September 2025, but there had been uncertainty regarding the actual deployment of Paragon’s technology.
Paragon’s spyware is currently embroiled in controversy in Italy, where it was reportedly used against journalists and pro-immigration activists. In response, the company restricted access to its spyware tools for Italy’s intelligence agencies.
Democratic Representative Summer Lee, one of the Congress members who sought clarification from ICE, expressed her discontent with the agency’s approach to implementing spyware within U.S. borders. She criticized DHS for not addressing critical civil rights and constitutional issues, instead offering vague assurances regarding the technology’s safety.
Lee further emphasised the need for transparency, particularly for vulnerable populations, including immigrants and communities of colour, asserting that they deserve explicit protections against potential government overreach and misuse of invasive surveillance technologies.
Both ICE and Paragon Solutions have not responded to inquiries regarding the specifics of the spyware’s application.
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