WASHINGTON – Three Democratic members of Congress, including Ohio’s Shontel Brown. have demanded that the Department of Homeland Security provide information about Immigration and Customs Enforcement’s reported use of foreign-made spyware capable of secretly accessing Americans’ cell phones.
Brown, of Warrensville Heights, joined U.S. Reps. Summer Lee of Pennsylvania and Yassamin Ansari of Arizona in a letter to DHS Secretary Kristi Noem to express concern over reports that ICE has activated a contract with Paragon Solutions, an Israeli company that produces surveillance software called Graphite.
According to the letter, sent Monday, Graphite can gain unauthorized access to mobile phones without the owner’s knowledge or consent, allowing access to encrypted applications, location data, messages and photographs. It says Graphite can infect a phone by something as simple as its user receiving a message on platforms like WhatsApp.
Paragon Solutions, founded in Israel in 2019, has claimed its spyware includes safeguards to prevent abuses. However, Graphite has been implicated in misuse by the Italian government. In December 2024, WhatsApp detected hacking attempts targeting around 90 users worldwide, including society and media figures in dozens of countries, and issued a cease-and-desist letter to Paragon Solutions.
Among those targeted was Francesco Cancellato, editor-in-chief of Italian news outlet Fanpage, known for his investigations into corruption, organized crime, and Italy’s far-right. Paragon later terminated its contract with Italy after the government refused to investigate the spyware attack on the journalist.
“Given the Trump Administration’s disregard for constitutional rights and civil liberties in pursuit of rapid mass deportation, we are seriously concerned that ICE will abuse Graphite software to target immigrants, people of color, and individuals who express opposition to ICE’s repeated attacks on the rule of law,” the lawmakers wrote.
Brown is top Democrat on the House Oversight subcommittee on Cybersecurity, Information Technology, and Government Innovation, while Lee is top Democrat on its subcommittee on Federal Law Enforcement.
The letter notes that the Biden Administration had paused the contract with Paragon pending a compliance review to ensure it didn’t violate an executive order prohibiting use of commercial spyware that poses security risks or risks of improper use by foreign governments.
The lawmakers cited recent reports that in March 2025, WhatsApp informed 90 users in Europe — including journalists and human rights activists — that they were targeted by Paragon spyware. They also referenced a Freedom House finding that 49 countries have employed sophisticated spyware to spy on their own citizens, including journalists and human rights groups.
The letter cites a pair of U.S. Supreme Court decisions that established privacy protections for cell phone data.
It asks DHS to provide the lawmakers with:
– All communications and documents discussing ICE’s use of spyware, including Paragon Solutions software
– All communications regarding the legality and legal justification for using spyware for immigration enforcement
– A comprehensive list of surveillance targets and ICE’s strategy for deploying spyware within the United States
– All communications regarding the legality of using spyware against U.S. residents.
“Allowing ICE to utilize spyware raises serious questions about whether ICE will respect Fourth Amendment protections against warrantless search and seizure for people residing in the U.S,” the letter states.
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