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Federal immigration officials plan to deport Kilmar Abrego Garcia to Uganda, his attorneys said Saturday, after the Maryland man rejected an offer to instead relocate to Costa Rica in exchange for pleading guilty to human smuggling charges.
The decision marks the latest turn in a years-long legal and political battle over Abrego Garcia, whose case has become a flash point in President Donald Trump’s immigration agenda.
Background: From mistaken deportation to federal charges
Abrego Garcia, who has lived in Maryland for years with his American wife and children, was mistakenly deported to El Salvador in March despite a judge’s finding that he faced a “well-founded fear” of violence there. The Trump administration returned him to the U.S. in June under court order but then charged him with human smuggling.
The charges stem from a 2022 traffic stop in Tennessee in which nine passengers were found in his vehicle. Police suspected smuggling but released him at the time with only a warning.
Abrego Garcia has pleaded not guilty and moved to dismiss the case, arguing that prosecutors are punishing him for resisting deportation. His attorneys said Saturday’s filing supplements that motion, citing the threat of deportation to Uganda as further evidence of a “vindictive prosecution.”
Legal arguments and Costa Rica option
Court filings revealed that the Justice Department offered Abrego Garcia a deal late Thursday: accept deportation to Costa Rica, remain jailed while awaiting trial, and plead guilty to the smuggling charges.
Costa Rica confirmed in writing it would accept Abrego Garcia as a legal immigrant without detention. But after his release Friday, Immigration and Customs Enforcement (ICE) told his lawyers he would instead be deported to Uganda unless he accepted the plea agreement by Monday morning.
“Despite having requested and received assurances from the government of Costa Rica … within minutes of his release … an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda,” the filing said.
Government response
Justice Department spokesperson Chad Gilmartin defended the case, calling Abrego Garcia a public danger.
“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.”
An ICE email Friday evening cited a Maryland court ruling requiring the agency to give 72 hours’ notice before deportation. The email informed Abrego Garcia’s attorneys that deportation to Uganda could take place after that window expires.
Uganda recently agreed to accept U.S. deportees under limited conditions, provided they have no criminal record and are not unaccompanied minors.
Broader context and political stakes
Abrego Garcia’s case highlights the Trump administration’s aggressive use of immigration enforcement and the legal system to pursue policy goals. His defense attorneys say the government is leveraging deportation threats to force a guilty plea, an allegation that could fuel broader debates about prosecutorial discretion and political influence in immigration cases.
Simon Sandoval-Moshenberg, his lead attorney in a separate Maryland lawsuit, accused the government of “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.”
Democrats and immigrant-rights advocates have warned that Uganda’s human rights record makes it an inappropriate destination for U.S. deportations.
Next steps
Abrego Garcia must decide by Monday morning whether to accept the plea deal tied to Costa Rica or risk trial while facing deportation to Uganda. His attorneys declined to say if he is still weighing the offer.
For now, the legal fight continues in Tennessee federal court, where judges will determine whether the smuggling case — and the threat of deportation — withstands his claim of government retaliation.
