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BALTIMORE (AP) — On Monday, Kilmar Abrego Garcia was scheduled to meet with U.S. immigration authorities in Maryland as the Trump administration seeks to deport the El Salvadoran citizen. His arrest and the struggle to remain in the U.S. have become significant in the president’s immigration policies.
The appointment at the Immigration and Customs Enforcement office in Baltimore follows his recent release from a Tennessee jail. Abrego Garcia had been detained there since June, after mistakenly being deported to El Salvador and subsequently returned to the U.S.
Immigration authorities plan to deport Abrego Garcia to Uganda, which recently agreed to accept certain deportees from the U.S. This follows his decision to reject an offer to be deported to Costa Rica in exchange for pleading guilty to charges of human smuggling.
His defense attorneys have stated that the government has given Abrego Garcia until Monday morning to accept the plea deal and deportation to Costa Rica, warning that the option will otherwise be permanently withdrawn.
Abrego Garcia’s attorneys have declined to say if he’s still considering the deal.
Abrego Garcia was reunited with his family in Maryland on Friday. A video released by supporters showed a celebratory gathering with decorations, where he thanked loved ones for their support.
Filings in federal court show the Costa Rican government saying Abrego Garcia would be welcomed as a legal immigrant and wouldn’t face detention.
Justice Department spokesperson Chad Gilmartin noted in a statement that the criminal charges highlight Abrego Garcia as a “clear danger,” and said he must either plead guilty or face trial.
“Either way, we will hold Abrego Garcia accountable and protect the American people,” Gilmartin said.
Abrego Garcia’s case became a flash point in President Donald Trump’s immigration agenda after he was mistakenly deported to El Salvador in March, despite a judge’s earlier determination that he faced a “well-founded fear” of violence there. Facing a court order, the Trump administration brought him back to the United States in June, only to detain him on human smuggling charges.
He pleaded not guilty and asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.
The smuggling charges stem from a 2022 traffic stop in Tennessee for speeding. There were nine passengers in the car, and officers discussed among themselves their suspicions of smuggling. Abrego Garcia was allowed to continue driving with only a warning.
Abrego Garcia has an American wife and children and has lived in Maryland for years. Although he was deemed eligible for pretrial release last month, he remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed.
A recent ruling in a separate case in Maryland required ICE to provide 72 hours’ notice before initiating deportation proceedings — time to allow a prospective deportee to mount a defense. An email from ICE sent to attorneys at 4:01 p.m. on Friday refers to that decision.
“Please 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),” it states. Uganda recently agreed to take deportees from the U.S., provided they do not have criminal records and are not unaccompanied minors.
Federal officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally and because a U.S. immigration judge deemed him eligible for expulsion in 2019, just not to his native El Salvador.