ICE Is Keeping Its $2M Spyware Contract Under Wraps – Now The Media Are Suing
Immigration and Customs Enforcement (ICE) is facing a lawsuit from 404 Media after failing to release details of a $2 million contract with Israeli spyware company Paragon.
The investigative outlet filed a Freedom of Information Act (FOIA) request in September 2024 seeking records related to the deal but received no substantial response, despite federal law requiring action within 20 business days. The lawsuit claims the documents could shed light on how the spyware is being deployed, especially in the context of ICE’s ongoing mass deportation efforts.
What Is Paragon’s Spyware?
It is not clear if the ICE deal is for a custom-made tool or for some version of Paragon’s flagship product, Graphite. According to Forbes, Graphite, can remotely access encrypted apps like WhatsApp, Signal, and Gmail, all without the target clicking a single link. These “zero-click” exploits allow government agencies to surveil targets by simply sending them a file, such as a PDF, that automatically installs spyware.
ICE signed the contract with Paragon’s US subsidiary in September 2024. The Biden administration initially paused the deal, citing possible conflicts with an executive order restricting spyware use by federal agencies. But in August 2025, after Donald Trump returned to office, ICE quietly reactivated the contract.
Disproportionate Harm to Black and Latine Communities
The spyware’s capabilities raise serious concerns about how ICE, an agency with a record of racial profiling and due process violations, may use such technology.
According to the Cato Institute, nearly half of ICE’s street arrests in June 2025 involved Latine individuals with no criminal history or removal orders. As of September 2025, around 70% of ICE detainees had no criminal convictions, and the vast majority were Latine. Excessive surveillance and racial profiling disproportionately place Black migrants in ICE custody, where they face higher rates of violence, prolonged detention, and limited access to legal protections.
“ICE is already shredding due process and ruining lives in its rush to lock up kids, cooks, and firefighters who pose no threat to anyone,” Senator Ron Wyden told Bloomberg. “I’m extremely concerned about how ICE will use Paragon’s spyware to further trample on the rights of Americans and anyone who Donald Trump labels as an enemy.”
Image credit: US Immigration and Customs Enforcement via Flickr
