ICE Agents Are Now Authorized to Use Spyware to Access Phones and Sensitive Data in Immigration Cases

U.S. Immigration and Customs Enforcement (ICE) has been authorized to use advanced spyware capable of accessing cell phones, encrypted messages, and private applications of immigrants applying for benefits such as asylum, TPS, residency, and citizenship.

The tool, known as Graphite, can infiltrate encrypted communications, extract text messages, emails, photos, and documents, and even activate a device's microphone without detection.

ICE's authorization to deploy the technology follows the reinstatement of a $2 million contract with Paragon Solutions, the Israeli-founded spyware company that developed Graphite, as El País reports. The contract was originally signed in September 2024 during the Biden administration but was suspended after reports emerged of Graphite's misuse in Italy, where it was allegedly deployed to monitor journalists, migrant rights advocates, and associates of Pope Francis.

The deal was reinstated after Florida-based private equity firm AE Industrial Partners acquired Paragon and merged it with Virginia-based intelligence contractor REDLattice, allowing the company to be classified as a domestic vendor. Public records show ICE's Homeland Security Investigations cyber division lifted the suspension order on August 29.

Civil rights groups and digital rights advocates have expressed concern about the expanded surveillance capabilities. "We're talking about control over microphones, photographs, documents, and highly sensitive data," said Feli Michaca, a technology expert told Univisión. Advocacy organizations warn that using spyware on immigrants could violate First Amendment protections and increase the risk of abuse by federal agencies.

Critics argue that pairing Graphite's capabilities with expanded enforcement authority raises significant privacy and civil liberties concerns, particularly for immigrant communities. ICE has not commented on whether Graphite will be used in field operations or limited to processing applications but maintains that its actions are based on "investigative work and casework."

The development comes amid a broader escalation of immigration enforcement under the current administration. According to an NBC News report published on Tuesday, ICE officers are no longer required to obtain supervisory approval before making arrests, ending a policy in place for more than 15 years. The shift has facilitated large-scale operations in Los Angeles, Washington, D.C., and other major cities, with further crackdowns planned in Chicago and Boston.