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Washington — The ranking member of the Senate Homeland Security and Governmental Affairs Committee is demanding that U.S. Immigration and Customs Enforcement explain why it has purchased commercial spyware capable of covertly taking control of phones as well as collecting messages, photographs, location information and other personal data.
Democratic Sen. Gary Peters of Michigan called the purchase “one of the most significant expansions of DHS and ICE’s surveillance ambitions to date,” flagging potential civil liberties concerns and risks to U.S. national security. Peters sought clarity from Homeland Security Secretary Markwayne Mullin in a letter exclusively obtained by CBS News and dated July 23, calling into question ICE’s $2 million, sole-source purchase of Graphite, a surveillance tool developed by Paragon Solutions and now owned by REDLattice.
“Misuse of Graphite is not hypothetical,” Peters wrote, mentioning public reporting that more than 90 journalists and civil society members were targeted by the technology across several countries.
While the senator from Michigan does not allege that ICE has used Graphite against journalists, protesters or other Americans, Peters demanded the agency disclose whether the software has been deployed domestically, who has been targeted and legal authority supporting use of the tool.
The ranking member said he was “deeply troubled about how Graphite might be used in the United States to target Americans,” pointing to ongoing concerns about ICE’s collection of information involving protests, social media posts and other First Amendment-protected activities.
Peters also asked ICE for the number of U.S. and non-U.S. people who have been targeted, where they were located and why the software was procured. He also requested information about whether the data collected by Graphite has been shared with other government agencies, companies or nonprofit organizations.
The lengthy inquiry seeks contracts, privacy assessments, civil rights reviews, security policies and records connected to a September 2024 agreement, an October 2024 stop-work order and the contract’s later reactivation in August 2025.
In his letter, Peters said his committee staff had requested briefings from the Department of Homeland Security in December 2025 and from ICE in January 2026, but never heard back substantively.
The ranking member requested an immediate briefing and gave ICE until Aug. 7 to provide documents and answer questions about the spyware’s use, oversight and security. Because Democrats do not control Congress, Peters is not able to order ICE to comply with his demands — he may only request information.
CBS News has reached out to ICE, Graphite and RedLattice for comment.
A senior DHS official told CBS News that the department and ICE are “[e]mploying 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.”
