The Trump administration is weighing the deportation of Kilmar Abrego Garcia to Uganda in the coming days, according to a notice from the Department of Homeland Security sent to his lawyers on Friday.
The notice, disclosed in a court filing in Abrego Garcia’s human smuggling case in Tennessee, came shortly after his release from criminal custody pending trial on federal charges. His lawyers accused the government of attempting to use the deportation threat as a tactic to “coerce” him into a plea deal.
“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 (absent weekends),” the notice stated.
Officials had previously suggested that Abrego Garcia, who was unlawfully deported to El Salvador earlier this year before being returned to the US in June, could face deportation to a third country.
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However, it was unclear until Friday whether the administration would allow his trial to conclude before initiating removal proceedings.
Simon Sandoval-Moshenberg, one of Abrego Garcia’s attorneys, described the move as “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,” he told CNN.
Under an order issued last month by US District Judge Paula Xinis, officials must provide Abrego Garcia and his legal team with at least 72 business hours’ notice before any deportation to a third country, giving him time to raise potential claims of torture or persecution.
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Court filings submitted on Saturday revealed that earlier in the week, the government had proposed a deal under which Abrego Garcia would plead guilty to two federal charges and be deported to Costa Rica after serving his sentence.
Costa Rica had confirmed willingness to receive him as a refugee or grant him legal status, according to a letter from its government to the US embassy.
His attorneys said the offer was renewed Friday evening, giving him until Monday morning to accept or lose the option permanently.
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His defence team argued that the deportation threats and plea offers highlight a pattern of “vindictive and selective prosecution” against Abrego Garcia, who previously challenged his deportation to El Salvador. They urged Judge Waverly Crenshaw to dismiss the case.
“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,” his lawyers wrote.
“It is difficult to imagine a path the government could have taken that would have better emphasized its vindictiveness,” they added. “This case should be dismissed.”