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Sen. Peters Demands ICE Explain Phone-Hijacking Spyware Purchase

Sen. Peters Demands ICE Explain Phone-Hijacking Spyware Purchase

Senator Demands Answers After ICE Buys Powerful Phone Spyware

What Happened?

A U.S. Senator is asking tough questions after discovering that Immigration and Customs Enforcement (ICE) spent $2 million on a powerful surveillance tool called Graphite. This software can secretly take over phones and steal private data — like messages, photos, and location history.

Senator Gary Peters (Democrat from Michigan) says this purchase represents "one of the most significant expansions of DHS and ICE’s surveillance ambitions to date." He’s worried about civil liberties and national security risks.


What Is Graphite?

Think of Graphite like a master key for smartphones.

Once installed on a target’s phone (often without them knowing), it can:

  • Read all messages (even encrypted ones like Signal or WhatsApp)
  • Access photos and videos
  • Track real-time location
  • Turn on the microphone or camera
  • Basically see everything on the phone

It was developed by an Israeli company called Paragon Solutions and is now owned by REDLattice.


Why Is Senator Peters Concerned?

1. History of Abuse

Reports show that over 90 journalists and civil society members in multiple countries were targeted with this exact technology.

2. No Proof It’s Not Happening Here

Peters doesn’t accuse ICE of using Graphite against Americans — but he says:

"Misuse of Graphite is not hypothetical."

3. ICE’s Track Record

There are ongoing concerns that ICE has monitored:

  • Protests
  • Social media posts
  • Other First Amendment-protected activities

4. Lack of Transparency

  • Sole-source contract (no competition)
  • Stop-work order in October 2024 → Reactivated in August 2025
  • Committee staff asked for briefings in Dec 2025 and Jan 2026got no real response

What Is Senator Peters Asking For?

He sent a detailed letter to Homeland Security Secretary Markwayne Mullin demanding answers by August 7. Here’s what he wants to know:

Question Why It Matters
Has Graphite been used inside the U.S.? Could mean spying on Americans
Who has been targeted? (U.S. vs. non-U.S. persons) Protects rights of citizens and non-citizens
Where were they located? Domestic vs. foreign surveillance
What legal authority allows this? Is it constitutional?
Has collected data been shared with others? Other agencies? Companies? Nonprofits?
Where are the contracts, privacy assessments, civil rights reviews? Oversight and accountability

He also wants:

  • An immediate briefing
  • All records tied to the Sept 2024 agreement, Oct 2024 stop-work, and Aug 2025 reactivation

Can He Force ICE to Answer?

Important: No.

Because Democrats don’t control Congress, Senator Peters is the ranking member (top Democrat) — not the chair.
He can request information, but he cannot subpoena or compel ICE to comply.


What Does DHS Say?

A senior Department of Homeland Security official told CBS News:

"Employing various forms of technology in support of investigations and law enforcement activities aids in the arrest of criminal gang members, child sex offenders, murderers, drug dealers, identity thieves and more, all while respecting civil liberties and privacy interests."

In simple terms: They say the tools help catch bad guys — and they promise to follow the rules.


Why This Matters to You

Even if you’re not an immigrant or activist, this affects everyone:

  1. Precedent: If ICE can buy spyware with no public debate, other agencies might too.
  2. Scope Creep: Tools bought for "serious criminals" often get used more broadly over time.
  3. Your Phone: The same vulnerabilities used by Graphite could be exploited by hackers or foreign governments.
  4. Democracy: Secret surveillance undermines trust in government.

Summary

  • ICE bought Graphite — a spyware tool that can hijack phones and steal all data.
  • $2 million, no-bid contract from a company with a history of targeting journalists.
  • Senator Gary Peters is demanding full transparency: who, where, why, and under what law.
  • ICE hasn’t answered previous requests for briefings.
  • Peters can ask — but not force — compliance because Democrats are in the minority.
  • DHS says the tools help catch criminals and respect rights.

FAQ

1. What exactly is "spyware"?

Spyware is malicious software that secretly infects a device to monitor activity, steal data, or take control — often without the user’s knowledge or consent.

2. Has ICE used Graphite on Americans?

Not that we know of. Senator Peters is not alleging domestic use — but he says the risk is real and wants proof it hasn’t happened.

3. Why was there a "stop-work order" then a "reactivation"?

The contract was paused in Oct 2024 (possibly for review), then restarted in Aug 2025. Peters wants to know why — and what changed.

4. Can Congress do anything if ICE refuses?

Only if the majority party (Republicans) agrees to investigate or subpoena. Right now, Peters is acting alone as ranking member.

5. How can I protect my phone from tools like Graphite?

  • Keep your OS and apps updated
  • Avoid clicking suspicious links
  • Use Lockdown Mode (on iPhone) or similar hardening features
  • But note: Advanced spyware often exploits unknown ("zero-day") flaws — so no defense is perfect.

Bottom Line: The government bought a hacking tool that can break into anyone’s phone. A senator is asking: "Who gave you permission? Who did you use it on? Show us the paperwork."
The answer — or lack of one — will tell us a lot about the future of digital privacy in America.

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