Trump Administration Threatens Deportation of Kilmar Abrego Garcia to Uganda, Accused of Retaliation and Coercion
The Department of Homeland Security (DHS) has reportedly notified lawyers for Kilmar Abrego Garcia that he may be deported to Uganda within the next three business days, according to a court filing in his human smuggling case in Tennessee. This notice was issued shortly after his release from criminal custody on Friday, leading his legal team to accuse the government of attempting to coerce him into accepting a plea deal.
The DHS notice reads, “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 (excluding weekends),” unless otherwise specified. Previously, administration officials hinted at the possibility of deporting Abrego Garcia, who was unlawfully deported to El Salvador earlier this year before being returned to the US in June to face charges, to a third country. However, it was uncertain whether they would allow his trial to conclude prior to initiating any removal proceedings.
Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, stated that sending the Salvadoran national to Uganda is retaliation by the government. “The government’s decision to send Kilmar Abrego Garcia to Uganda makes it painfully clear that they are using the immigration system to punish him for exercising his constitutional rights,” Sandoval-Moshenberg said.
In a situation where Costa Rica would be a more suitable destination for family visits, the government is instead attempting to deport him to a country with documented human rights abuses and where he does not speak the language—a move that Sandoval-Moshenberg described as “retaliation,” not justice.
Under a ruling issued last month by US District Judge Paula Xinis, officials are required to give Abrego Garcia and his lawyers at least 72 business hours’ notice before they intend to carry out the deportation to a third country. This provision allows him time to raise claims that he may face torture or persecution in the identified country.
The filing submitted by Abrego Garcia’s legal team on Saturday morning to the federal judge overseeing his criminal case also reveals that earlier this week, the government attempted to negotiate a plea deal with him, under which he would plead guilty to the two federal charges and, upon serving any court-imposed sentence, be deported to Costa Rica. The Central American country has agreed to accept him as a refugee or provide him with some form of legal status, according to a letter from its government to a State Department official at the US embassy in Costa Rica.
This offer was reiterated on Friday evening, Abrego Garcia’s attorneys stated in court papers. They informed the judge that their client now has until Monday morning “to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever.”
Abrego Garcia’s legal team argues that these offers illustrate the government’s attempts to punish him for challenging his wrongful deportation earlier this year. They have requested the case to be dismissed on the grounds of vindictive and selective prosecution, arguing, “There can be only one interpretation of these events: the DOJ, DHS, and ICE are using their collective powers to force Mr. Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat.” They further stated, “It is difficult to imagine a path the government could have taken that would have better emphasized its vindictiveness. This case should be dismissed.”