The U.S. Department of Justice on Wednesday condemned the latest arguments put forward by the attorneys representing Kilmar Abrego Garcia in his immigration lawsuits against the Department of Homeland Security (DHS) as “profound gamesmanship,” and for the first time called into question the terms under which Costa Rica would accept the citizen of El Salvador.
Immigration authorities are currently seeking final authorization from U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, to deport Abrego Garcia to Liberia, after successfully obtaining diplomatic assurances from the East African nation regarding its intended treatment of the alleged human smuggler.
The filing accused Abrego Garcia of engaging in gamesmanship over his attorneys’ claim that he would consent to deportation to Costa Rica, which provided diplomatic assurances during negotiations for a plea deal that he rejected earlier this year, despite also claiming to fear persecution or torture in the Central American nation.
“Petitioner’s claims underscore the profound gamesmanship that underlies his fear claims and litigation strategy,” wrote the attorneys. They wrote that Abrego Garcia, “has gone so far as to simultaneously claim a fear of persecution and torture from the very country he purports to seek removal to, Costa Rica.”
The filing also revealed that Costa Rica, “has indicated that it will not simply accept him,” though a filing explaining under what circumstances he could be sent to Costa Rica was sealed by the court.
Later in the filing, the DOJ attorneys revealed for the first time that Costa Rica now, “does not wish to receive him.”
While Liberia was the 24th country where Abrego Garcia claimed to fear persecution or torture, an immigration judge also recently determined these claims were not valid. Though that court case is sealed, the DOJ revealed new information about the judge’s decision.
“Petitioner has not indicated any specific fears to Liberia, instead merely asserting a fear that Liberia would send him to El Salvador,” the DOJ revealed. “Liberia has committed not to do so.”
A redacted portion of the filing appears to contain a description of the promises by Liberia’s government.
“The Secretaries of State and Homeland Security have found those assurances by Liberia to [be] credible – determinations that are not reviewable by federal courts.”
Xinis imposed a stay on Abrego Garcia’s deportation after he filed his second lawsuit against the Trump administration in August, and the Trump administration recently confirmed it would prioritize his removal over concluding the human smuggling case against him.
Deported in March under contested circumstances, Abrego Garcia was returned to the United States in April, when U.S. Attorney General Pam Bondi unsealed the indictment accusing him of spending nearly a decade embroiled in a human smuggling ring.
The Tennessee Star was the first news outlet to report that Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in November 2022, and on Wednesday received the Dao Prize for Best Local Journalism for its reporting.
A spokesman for THP told The Star in April that troopers released Abrego Garcia at the instruction of the “Biden-era FBI,” despite a document released by DHS showing troopers suspected human trafficking.
Abrego Garcia has pleaded not guilty. His trial is currently scheduled for January.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Kilmar Abrego Garcia” by Murray Osorio PLLC.
