The lawyers for Kilmar Armando Abrego Garcia said that government officials tried to coerce him into pleading guilty to criminal charges or face deportation to Uganda.
Abrego Garcia, a Maryland construction worker who was deported to El Salvador and then returned to the U.S. to face smuggling charges, was released from prison in Tennessee on Friday. His release comes under a judge's order that set the terms of release pending a trial date currently scheduled for January 2026.
Attorneys indicated earlier this month that they would arrange private security to accompany Abrego Garcia from Tennessee, where he was held, to Maryland, where he lives with his wife and child. But federal authorities have signaled that, even though they brought Abrego Garcia back to the U.S., they may seek to have him deported again — this time potentially to an unspecified third country — if he is released from prison. It was not clear if such a deportation would occur before Abrego Garcia's trial for smuggling.
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"The government immediately responded to Mr. Abrego’s release with outrage," Abrego Garcia's lawyers wrote in their court filing. "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."
Homeland Security Secretary Kristi Noem released a statement condemning U.S. District Court Judge Paula Xinis for releasing Abrego Garcia.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country," she said on Friday. "Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free."
His attorneys added that Abrego Garcia's case was part of the government's larger strategy to retaliate against him for fighting his deportation to El Salvador.
"On Friday evening, the government informed Mr. Abrego that he has until first thing Monday morning—precisely when he must report to ICE’s Baltimore Field Office—to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever. 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 attorneys wrote.
Homeland Security officials say that Abrego Garcia is subject to immediate deportation as a migrant not lawfully present in the U.S. He was among more than 200 undocumented migrants who were deported to El Salvador in March. However, his circumstances were extraordinary because he had a standing court order that prohibited his return to El Salvador after he had proven in court that he feared for his safety if he returned to his country of birth.
Once Abrego Garcia was returned to the U.S., federal officials accused him of being involved in human trafficking, allegations that stemmed from a 2022 traffic stop. Even though he was not arrested or charged then, officials brought charges earlier this year.
