The Department of Homeland Security said ICE has no current contract or relationship with Paragon Solutions, the Israeli-founded spyware maker best known for its Graphite tool that can remotely infiltrate devices and access encrypted messages without targets needing to click a link. A notice on the federal procurement website shows the contract was closed out Jan. 20.
DHS confirmed in a statement that ICE has not entered another contract with Paragon Solutions, Inc. or with the company that acquired them. "ICE has no relationship with Paragon Solutions, Inc. or with the company that acquired them," DHS said. However, questions remain about what surveillance tools ICE is currently using.
What the Left Is Saying
Democratic lawmakers and privacy advocates say they are not satisfied with DHS's clarification. Julie Mao, deputy director of Just Futures Law, which is suing under the Freedom of Information Act for records associated with ICE's Paragon Solutions contract, called DHS's statements "a half measure and a red herring," given that departing Acting Director Todd Lyons acknowledged in an April letter that he approved HSI to use commercial spyware.
"If it's not Paragon spyware, then what company and spyware does ICE use? And how does ICE use it?" Mao told NPR. "The agency should provide a full account of its surveillance technologies to the American public."
Maria Villegas Bravo, an attorney with the Electronic Privacy Information Center, said she remains cautious about the DHS statements. "It's promising that they don't seem to be re-upping the contract immediately," she said. "I'm always wary of vaguely worded non-association statements, though."
Democratic lawmakers had sent DHS a series of questions about ICE's use of spyware after learning last August that the agency had reactivated its Paragon Solutions contract under the Trump administration.
What the Right Is Saying
The Trump administration and ICE officials have defended the agency's use of advanced surveillance tools as necessary to combat fentanyl trafficking and terrorism. DHS provided a statement emphasizing operational priorities: "Under President Trump, ICE is using all lawful tools to remove dangerous criminal illegal aliens from the U.S."
In his April letter responding to Democratic lawmakers, Acting Director Todd Lyons said he approved HSI's use of commercial spyware to address threats posed by foreign terrorist organizations and transnational criminal networks. "In response to the unprecedented lethality of fentanyl and the exploitation of digital platforms by transnational criminal organizations, I approved HSI's procurement and operational use of cutting-edge technological tools that address the specific challenges posed by the Foreign Terrorist Organizations' thriving exploitation of encrypted communication platforms," Lyons wrote.
Lyons certified in his letter that the tool's use was in compliance with the 2023 executive order on government use of commercial spyware. DHS declined to confirm or deny law enforcement capabilities, citing operational security concerns.
What the Numbers Show
ICE first entered into a contract with Paragon Solutions' U.S. subsidiary in 2024 for an unspecified product. The Biden administration swiftly put that contract on hold to assess compliance with the 2023 executive order barring federal agencies from purchasing commercial spyware that poses significant security risks to the U.S.
Under the Trump administration, ICE reactivated the contract last August before ultimately closing it out Jan. 20, according to procurement records. The company was acquired in late 2024 by American private equity firm AE Industrial Partners, which merged it with cybersecurity company REDLattice.
Paragon Solutions' Graphite tool has been linked to government spying scandals internationally. Meta-owned WhatsApp found approximately 90 users of its messaging app had been targeted with Graphite in various countries, including journalists and activists. The Citizen Lab at the University of Toronto and Italian prosecutors confirmed that Italian journalists and activists were among those targeted.
The Bottom Line
DHS has clarified that ICE does not currently have a relationship with Paragon Solutions or its acquiring company. However, questions about what commercial spyware tools ICE is actively using remain unanswered. Acting Director Lyons' acknowledgment in April that HSI uses commercial spyware suggests the agency still employs such technology under an undisclosed vendor.
DHS declined to clarify whether ICE still has access to Paragon-developed tools through third parties or if it is using a different spyware vendor altogether. Privacy advocates say they will continue pressing for transparency through FOIA litigation and congressional oversight.