NASHVILLE, Tenn. (AP) — Immigration officials are set to deport Kilmar Abrego Garcia to Uganda after he declined an offer to be sent to Costa Rica. This offer came with conditions that included remaining in jail while pleading guilty to charges of human smuggling, as shared by his attorneys in a recent court session.
The proposition from Costa Rica arrived late Thursday and mandated that Abrego Garcia stay behind bars. Following his release on Friday, Immigration and Customs Enforcement (ICE) informed his legal team that he should prepare for deportation to Uganda, with a requirement to check in with immigration authorities on the upcoming Monday.
On the very Friday, the government conveyed that Mr. Abrego had until Monday morning — coinciding with his report time to ICE’s Baltimore Field Office — to accept the plea deal, otherwise it would no longer stand. His defense did not disclose whether he is still pondering over this offer.
As part of the filed documents, a communication from the Costa Rican government expressed that they would welcome Abrego Garcia as a legal immigrant, ensuring he wouldn’t face detention upon arrival. An added advantage was that Costa Rica is a Spanish-speaking nation, similar to his homeland, El Salvador. It was also pointed out that Abrego Garcia would only be sent to Costa Rica after he completes his sentence tied to the smuggling allegations.
Abrego Garcia’s situation has become a significant point of concern within President Donald Trump’s immigration policies. It drew considerable attention after he was mistakenly deported to El Salvador in March, despite a judge stating that he had a ‘well-founded fear’ of violence there. Following this, he was returned to the U.S. in June amidst legal questioning and subsequently detained on smuggling charges.
The defendant has maintained a plea of not guilty and is seeking to dismiss the case, arguing it’s a punitive measure for contesting his deportation to El Salvador. The additional motion released on Saturday illustrates that the looming threat of deportation to Uganda further highlights what the defense perceives as the vindictive nature of the prosecution.
In the legal brief, it was indicated that despite receiving assurances from the Costa Rican administration confirming he’d be welcomed there, shortly after his release from custody, ICE representatives notified his attorneys about plans to deport Abrego to Uganda.
The human smuggling allegations date back to a speeding incident in 2022 in Tennessee, involving nine passengers in the vehicle. Despite suspicions of smuggling lingering among officers during the stop, Abrego Garcia was permitted to drive away merely with a warning.
Testimony from a Department of Homeland Security agent mentioned that the investigation into this arrest did not commence until April, as the government faced escalating pressure regarding Abrego Garcia’s return to the U.S.
Even though he was cleared for pretrial release last month, Abrego Garcia remained in custody at his attorneys’ suggestion. They expressed concerns that the Trump administration could swiftly attempt to deport him once released. A recent ruling in a distinct Maryland case necessitated that ICE provide a 72-hour notice before commencing deportation actions, thus giving an individual time to prepare a defense.
The message received from ICE detailed that their intention was to facilitate the potential removal of Kilmar Armando Abrego Garcia to Uganda, not earlier than 72 hours from that notice, excluding weekends. Uganda recently acknowledged acceptance of deportees from the U.S., as long as they do not possess criminal records and aren’t unaccompanied minors.
Officials from the federal level have claimed that Abrego Garcia remains eligible for deportation due to his illegal entry into the U.S., along with a ruling by a U.S. immigration judge who designated him fit for a deportation back in 2019 — though not to his home country of El Salvador.
