NASHVILLE, Tenn. (BN24) — 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, his defense attorneys told a federal court Saturday.
The Costa Rica offer came late Thursday and included a requirement that Abrego Garcia remain in jail for the time being and then serve whatever sentence he would receive for pleading guilty to the federal charges, according to a brief filed in Tennessee where the criminal case was brought. After Abrego Garcia left jail on Friday, Immigration and Customs Enforcement notified his attorneys that he would be deported to Uganda and should report to immigration authorities on Monday.
Later on Friday, “the government informed Mr. Abrego that he has until first thing Monday morning — precisely when he must report to ICE’s Baltimore Field Office — to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever,” his defense attorneys wrote in the court filing.
The attorneys declined to say whether Abrego Garcia is still considering the government’s offer.
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 would not face the possibility of detention there.
Justice Department spokesperson Chad Gilmartin responded to the brief with a statement defending the prosecution. “A federal grand jury has charged Abrego Garcia with serious federal crimes, underscoring the clear danger this defendant presents to the community,” Gilmartin said. “This defendant can plead guilty and accept responsibility or stand trial before a jury. Either way, we will hold Abrego Garcia accountable and protect the American people.”
Abrego Garcia’s case became a flash point in President Donald Trump’s immigration agenda after he was mistakenly deported to El Salvador in March, despite a judge’s earlier determination that he faced a “well-founded fear” of violence there. Facing a court order, the Trump administration brought him back to the United States in June, only to detain him on human smuggling charges.
He pleaded not guilty to the federal charges and 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.
“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,” his attorneys wrote in their filing.
The smuggling charges 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 at that time.
Abrego Garcia has an American wife and children and has lived in Maryland for years. Although he was deemed eligible for pretrial release last month, he 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, providing 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. Uganda recently agreed to take deportees from the United States, provided they do not have criminal records and are not unaccompanied minors.
Federal officials have argued that Abrego Garcia can be deported because he came to the United States illegally and because a U.S. immigration judge deemed him eligible for expulsion in 2019, just not to his native El Salvador.
Simon Sandoval-Moshenberg, Abrego Garcia’s lead attorney in the Maryland lawsuit against the Trump administration, said in a statement Saturday that the government is trying to use the immigration system to punish his client by “attempting to send him halfway across the world, to a country with documented human rights abuses and where he does not even speak the language.”
