Fact Check: ICE lacks the resources to work on Kilmar Abrego Garcia's case until he is in custody.

Fact Check: "ICE lacks the resources to work on Kilmar Abrego Garcia's case until he is in custody."

What We Know

Kilmar Abrego Garcia, a Salvadoran national, was mistakenly deported to El Salvador in March 2025 and has since been brought back to the United States. He is currently facing criminal charges related to human trafficking. A recent court hearing highlighted that Immigration and Customs Enforcement (ICE) has not determined where Abrego Garcia would be sent if released from pretrial detention. According to Thomas Giles, an ICE official, "ICE lacks the resources to work on the case until he is in its custody" (CBS News, The Hill). This indicates that ICE's ability to manage his case is contingent upon his custody status.

Analysis

The claim that ICE lacks the resources to work on Abrego Garcia's case until he is in custody is substantiated by the testimony of Thomas Giles, who stated in federal court that the agency has not yet made any decisions regarding his deportation because he is not currently in ICE custody (CBS News). This testimony was given under oath, which adds a layer of credibility to the statement.

Furthermore, the court proceedings have revealed that there is significant uncertainty regarding Abrego Garcia's future, including where he would be deported if released. The judge expressed frustration over the lack of information from the government, indicating that the situation is complex and not straightforward (The Hill).

While some may argue that ICE could expedite the process regardless of custody status, the official statements from ICE suggest that operational limitations prevent them from proceeding without Abrego Garcia being in their custody. This aligns with the broader context of ICE's resource allocation and operational challenges, which have been documented in various reports (ABC News).

Conclusion

The claim that "ICE lacks the resources to work on Kilmar Abrego Garcia's case until he is in custody" is True. The evidence presented in court, particularly the testimony from ICE officials, supports this assertion. The operational constraints faced by ICE, as well as the current status of Abrego Garcia's case, confirm that the agency cannot act until he is officially in their custody.

Fact Check: ICE lacks the resources to work on Kilmar Abrego Garcia's case until he is in custody.