NASHVILLE, Tenn. (AP) — Immigration officials have indicated that Kilmer Abrego Garcia is set to be deported to Uganda. This follows his refusal of an offer to be sent to Costa Rica, where he could have pleaded guilty to human smuggling charges, as noted in a court filing on Saturday.
The proposal for Costa Rica was made late Thursday, coinciding with the expected release of several Salvadoran detainees from a Tennessee facility the next day. Abrego Garcia declined to continue his imprisonment and was released on Friday, pending trial, and is now with his family in Maryland. However, later that day, the Department of Homeland Security informed his attorneys that he would be sent to Uganda and instructed them to notify immigration authorities by Monday.
His attorney has not provided clarity on whether the offer from Costa Rica was officially withdrawn. According to the submitted documents, Abrego Garcia turned down some options to remain in custody, and his lawyer mentioned he would discuss the government’s proposal with him.
A submission from the Costa Rican government assured that Abrego Garcia would be welcomed as a legal immigrant, without the risk of detention. Another advantage of this option is the language—Costa Rica, like his native El Salvador, is Spanish-speaking. The brief suggests he will be deported to Costa Rica after serving any sentence related to the smuggling charges.
The situation surrounding Abrego Garcia has highlighted tensions related to President Donald Trump’s immigration policies, particularly after a mistaken deportation in March. Under a court order, he was brought back to the U.S. in June, but was detained on suspicions of human smuggling.
He has pleaded not guilty and requested that the judge dismiss the case. The latest filing aims to reinforce claims that the threat of deportation to Uganda indicates a retaliatory motive from the prosecution.
The submission states, “The government reacted to the release of Abrego with anger.” Although assurances had been secured from Costa Rica regarding his acceptance, an ICE representative reportedly informed Abrego’s attorney about plans to deport him to Uganda instead.
Abrego Garcia is facing smuggling charges linked to a 2022 speeding incident in Tennessee, where nine passengers were in his car. Officers were uncertain about potential smuggling but allowed him to continue driving after issuing warnings.
Department of Homeland Security agents testified that investigations into the traffic stop didn’t commence until April, as the government felt pressured to return Abrego Garcia to the U.S.
While he was deemed eligible for pretrial release, he remained incarcerated at his lawyer’s request. Recent legal requirements in Maryland mandate ICE to provide a 72-hour notice before starting deportation, allowing time for defense preparations. An email from ICE on Friday indicated this guideline.
The message stated that DHS would be able to remove Kilmer Armando Abrego Garcia in 72 hours, barring weekends.
Federal authorities contend that Abrego Garcia can be deported due to his illegal entry into the U.S. and because a U.S. immigration judge had previously ruled him eligible for deportation in 2019.
