U.S. Department of Homeland Security (DHS) Secretary Markwayne Mullin said on Tuesday that his agency would end its opposition to deporting Kilmar Abrego Garcia to Costa Rica, where the State Department previously obtained diplomatic assurances regarding his treatment as part of 2025 negotiations for a plea deal that he ultimately rejected.
Since last August, in multiple arguments submitted to the court and public media appearances, the immigration attorneys representing Abrego Garcia have argued that their client would consent to immediate deportation to Costa Rica, and claimed that his decision to designate the country his preferred destination for removal made it the only valid option for the Trump administration.
Todd Lyons, the acting director of U.S. Immigration and Customs Enforcement (ICE), notified Abrego Garcia on March 4 that he formally disregarded his request to be deported to Costa Rica, declaring it should have been made during his 2019 immigration case, and that it would undermine American diplomatic negotiations with Liberia, the African nation that also agreed to accept Abrego Garcia.
The longstanding DHS position that Abrego Garcia should not be deported to Costa Rica was itself completely dismissed by Mullin during his Tuesday confrontation with U.S. Senator Chris Van Hollen (D-MA) in a Senate Appropriations meeting.
After conceding to Mullin’s assertion that Abrego Garcia is in the United States illegally, Van Hollen asked the DHS Secretary, “This is, why—the point is he has said that he will be removed to Costa Rica and Costa Rica has accepted that.”
Mullin replied, “Great, if he’s willing to do that, we’ll be happy to send him.”
Following the exchange, Abrego Garcia submitted to U.S. District Judge Paula Xinis, an appointee of former President Barack Obama, as further evidence while she considers Abrego Garcia’s request to declare Costa Rica the only valid legal destination for removal of the citizen of El Salvador.
Citing DHS’ refusal to consider Costa Rica, Xinis previously prohibited ICE from rearresting Abrego Garcia, declaring that the agency had no valid plan to remove him. The DOJ appealed the decision to the U.S. Court of Appeals for the Fourth Circuit in April.
Deported amid controversy in March 2025, Abrego Garcia was returned to the country months later, after The Tennessee Star revealed that Abrego Garcia was stopped by the Tennessee Highway Patrol (THP) in November 2022, and a THP spokesman confirmed the “Biden-era FBI” instructed troopers to release him, despite a DHS document showing they suspected human trafficking.
Abrego Garcia was indicted in a human smuggling conspiracy, but Obama-appointed U.S. District Judge Waverly Crenshaw tossed the charges last month, declaring the DOJ failed to rebut the presumption of vindictiveness. Crenshaw called the evidentiary hearing due to comments made by Acting Attorney General Todd Blanche during a Fox News interview.
The failed plea deal negotiations that caused the State Department to obtain diplomatic assurances from Costa Rica would have seen Abrego Garcia
The DOJ has additionally argued that Abrego Garcia’s designation of Costa Rica amounts to “gamesmanship,” citing his simultaneous declaration that he fears persecution or torture if deported to that country.
According to emails later made public through court filings, the plea deal would have seen prosecutors drop the human smuggling conspiracy charge in exchange for Abrego Garcia pleading guilty to one count of human smuggling. He would have served less than one year in an American prison, then been deported to Costa Rica, which, as part of the deal, promised to grant him refugee status or residence upon his arrival. Costa Rica also promised not to send Abrego Garcia to El Salvador.
Watch Mullin’s full exchange with Van Hollen:
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
