NASHVILLE, Tenn. (AP) — Immigration officials said they intend to deport Kilmar Abrego Garcia to Uganda, after he declined an offer to be sent to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.
The Costa Rica offer came late Thursday, after it was clear that the Salvadoran national would likely be released from a Tennessee jail the following day. Abrego Garcia declined to extend his stay in jail and was released on Friday to await trial in Maryland with his family. Later that day, the Department of Homeland Security notified his attorneys that he would be deported to Uganda and should report to immigration authorities on Monday.
His attorneys declined to comment on whether the plea offer had been formally rescinded. The brief they filed only said that Abrego Garcia had declined one part of the offer — to remain in jail — and that his attorneys would “communicate the government’s proposal to Mr. Abrego.”
Filed along with the brief was a letter from the Costa Rican government stating that Abrego Garcia would be welcomed to that country as a legal immigrant and wouldn’t face the possibility of detention. An additional benefit of the offer would be that Costa Rica is a Spanish-speaking country, like Abrego Garcia’s native El Salvador. Abrego Garcia would only be deported to Costa Rica after serving his sentence on the smuggling charges, according to the brief.
Abrego Garcia’s case became a flashpoint in President Donald Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges.
He has pleaded not guilty and has asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.
“The government immediately responded to Mr. Abrego’s release with outrage,” the filing reads. “Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning,” it says, referring to Immigration and Customs Enforcement.
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Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. There were nine passengers in the car, and officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was allowed to continue driving with only a warning.
A Department of Homeland Security agent testified that he didn’t begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.
Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. A recent ruling in a separate case in Maryland required ICE to provide 72 hours’ notice before initiating deportation proceedings — time to allow a prospective deportee to mount a defense. An email from ICE sent to attorneys at 4:01 p.m. on Friday refers to that decision.
“Please let this email serve as notice that DHS may remove your client, Kilmar Armando Abrego Garcia, to Uganda no earlier than 72 hours from now (absent weekends),” it states.
Federal officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally and because a U.S. immigration judge deemed him eligible for expulsion in 2019, just not to his native El Salvador where he faces a “well-founded fear” of violence, according to court filings.
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