Kilmar Abrego Garcia will be deported to Uganda after declining a plea offer that would have sent him to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a court filing Saturday.
The plea deal from Costa Rica was extended late Thursday, offering Garcia legal residency in a Spanish-speaking country after serving his sentence.
However, he refused to stay in custody 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 must report to immigration authorities Monday for deportation to Uganda.
Garcia’s attorneys said only that he rejected the portion of the offer requiring him to remain in jail and would review the government’s proposal with him.
Costa Rica confirmed in a letter that Garcia would be welcomed as a legal immigrant and would face no detention.
The case has become a flashpoint in President Donald Trump’s immigration policy. Garcia was mistakenly deported in March, then returned to the U.S. in June under a court order, only to be detained on human smuggling charges.
He has pleaded not guilty and filed a motion to dismiss, claiming the prosecution is retaliatory after challenging his deportation to El Salvador.
In Saturday’s filing, Garcia’s legal team argued that the sudden threat of deportation to Uganda proves the government’s actions are vindictive, as the New York Post reported.
“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,” the filing stated.
Garcia’s charges stem from a 2022 traffic stop in Tennessee, where he was pulled over for speeding with nine passengers in his vehicle. Officers noted possible smuggling activity but allowed him to continue with only a warning.
Homeland Security did not open an investigation until April of this year, amid mounting pressure to return Garcia to the U.S.
The Costa Rica plea offered an alternative path, allowing Garcia to serve his sentence in a country sharing his native Spanish language, rather than facing deportation to Uganda.
But Garcia’s rejection of the deal has placed him back in the center of a legal and political storm surrounding the Trump administration’s handling of immigration and deportation cases.
As he prepares for deportation, Garcia remains free pending trial in Maryland, while legal observers continue to debate whether the government’s actions constitute overreach or a standard immigration enforcement procedure.
The Trump administration has yet to comment on the latest developments, but the case is likely to draw scrutiny from both immigration advocates and conservative commentators monitoring enforcement policies.
Garcia’s refusal of the Costa Rica offer underscores the complexity of international immigration cases, particularly for individuals caught between criminal charges and deportation orders. His lawyers argue the decision to send him to Uganda reflects a punitive approach by authorities, intensifying the legal battle ahead.
The Maryland trial will determine the outcome of the human smuggling charges, while Garcia’s deportation status continues to raise questions about the government’s discretion in handling cross-border criminal cases.
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Author: Anthony Gonzalez
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