- DHS sent lawyers a notice saying Kilmar Abrego Garcia “may be removed” to Uganda within 72 hours, minutes after his release from a Tennessee jail on Friday.
- The defense says the government revived a plea deal tied to post-sentence deportation to Costa Rica.
- The defense contends the pressure is “vindictive” and asks the court to dismiss the case.
- A prior court ruling requires advance notice before any third-country removal while he awaits trial in Maryland with his family.
The Big Picture
AP News states that U.S. immigration officials seek to send Salvadoran national Kilmar Abrego Garcia to Uganda. He declined a plea deal that would have sent him to Costa Rica after pleading guilty and serving time. The notice to his lawyers arrived Friday, right after he was released to await trial, sparking a new debate over where—and whether—he can be removed while the criminal prosecution continues.
What’s New
Defense attorneys said in a Saturday filing that DHS emailed notice that Abrego Garcia “may be removed” to Uganda no sooner than 72 hours after the message, excluding weekends. They also said the government renewed on Friday evening an offer that he plead guilty to both counts and then be removed to Costa Rica, where authorities indicated he could receive legal status. According to the filing, that proposal carried a Monday morning deadline. The defense argues that Costa Rica if he pleads and Uganda if he does not shows retaliation after his earlier successful challenge to removal.
What They’re Saying
Context
Abrego Garcia’s case has become a touchstone in the government’s immigration policies. In March, he was mistakenly deported to El Salvador despite a prior determination that he had a “well-founded fear” of violence there. He was returned to the United States in June and charged in a human-smuggling case stemming from a 2022 traffic stop in Tennessee. He has pleaded not guilty and seeks dismissal, arguing the prosecution punishes him for challenging his removal.
A federal judge in Maryland ruled last month that the government must provide roughly 72 hours’ notice before moving someone to a third country, allowing time to raise protection claims. Uganda has recently agreed to accept certain U.S. deportees under specific conditions. Federal officials, meanwhile, say an immigration judge’s 2019 order still makes him removable, though not to El Salvador. According to recent reporting, prosecutors indicated the Costa Rica option would confer legal status there after any sentence, while the Uganda path could proceed during the criminal case.
What’s Next
Abrego Garcia has been told to report to ICE’s Baltimore Field Office. The trial court in Tennessee will consider the defense motion to dismiss on grounds of “vindictive and selective prosecution,” along with any bid to halt removal while charges remain pending. Further litigation could test how far the government can go with third-country deportations while a criminal case is underway.
The Bottom Line
Two choices, two destinations, and a 72-hour clock have turned one criminal case into a broader fight over immigration enforcement and the limits of third-country removals. The dispute highlights the tension between executive power and defendants’ rights, with court rulings shaping the next steps across immigration law.
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