Less than 24 hours after his release, US authorities have informed Kilmar Ábrego García that he may be deported to Uganda, following his refusal to accept a plea deal in a pending criminal trial, his lawyers say.
Attorneys for Mr Ábrego García say he declined an offer to plead guilty to human smuggling charges in exchange for deportation to Costa Rica – a deal proposed after it became clear he would be released from custody on Friday.
Mr Ábrego García, a Salvadoran national, was mistakenly deported to El Salvador in March by the Trump administration and then brought back to the US on criminal charges.
Officials allege Mr Ábrego García has ties with MS-13 criminal gang, a charge he has denied.
The deal to be sent to Costa Rica was offered on Thursday after it became clear Mr Ábrego García would likely be freed from a Tennessee jail on Friday.
The Costa Rican government agreed to accept him as a refugee and provide him legal status there, a letter from a Costa Rican official included in the legal filing says.
His attorneys now say that upon Mr Ábrego García release from federal custody, they were informed of the government’s intention to deport him to Uganda – a country with which he has no known ties.
“There can be only one interpretation of these events,” they wrote in the filing. “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.”
Mr Ábrego García, now in Maryland with his family, is scheduled to appear in a Baltimore court on Monday. If a judge approves the government’s request, he could face deportation within days.
The US has reached bilateral deportation agreements with Honduras and Uganda as part of its crackdown on illegal immigration, according to documents obtained by the BBC’s US partner CBS.
“This is a temporary arrangement with conditions including that individuals with criminal records and unaccompanied minors will not be accepted,” Bagiire Vincent Waiswa, permanent secretary to the Ugandan foreign ministry, said in a statement.
“Uganda also prefers that individuals from African countries shall be the ones transferred to Uganda.”
Mr Ábrego García’s deportation case has become a fixture of the Trump administration’s crackdown on immigration.
He was deported to his native El Salvador in March, and initially kept in the notorious Cecot prison. But after US government officials acknowledged he was deported due to an “administrative error”, a judge ordered the administration to “facilitate” his return.
He was returned to the United States in early June and sent to the state of Tennessee, where he was charged in a human smuggling scheme. He has pleaded not guilty to the charges.
In late June, a federal judge in Tennessee had ruled that Mr Ábrego García was eligible for release, but remained in jail over fears from his own legal team that he could be swiftly deported again if he left the facility.
