Kilmar Abrego Garcia last week cited an article published by The Washington Post, which included a quote from a senior official in Costa Rica, as evidence the federal government was incorrect in informing U.S. District Court Judge Paula Xinis, an appointee of former President Barack Obama, that Costa Rica was no longer willing to receive the alleged human smuggler upon his deportation.
“Petitioner Kilmar Armando Abrego Garcia respectfully submits as further evidence in support of his habeas petition a Washington Post article published earlier today that confirms that Costa Rica remains willing to accept Abrego Garcia and offer him legal residency,” the attorneys wrote in their filing. “The article further reports that additional negotiations with the United States are not required.”
According to The Post, citing Costa Rica Security Minister Mario Zamora Cordero, the country’s original offer to accept Abrego Garcia remains valid.
The statement by Cordero comes after the U.S. Department of Justice (DOJ) announced in a legal filing last week that the status of the deal has changed, indicating that Costa Rica would no longer take Abrego Garcia.
The U.S. State Department originally obtained diplomatic assurances from Costa Rica during negotiations for a plea deal that Abrego Garcia ultimately declined. As part of the negotiations, the Trump administration obtained an August letter from Costa Rican authorities that said he would receive refugee or residence status in the nation. It also promised Abrego Garcia would not be sent to El Salvador once in Costa Rica.
Despite declining the plea deal, Abrego Garcia has identified Costa Rica as his preferred destination for deportation, and his Abrego Garcia immigration attorneys have argued for months that their client would consent to deportation to Costa Rica immediately upon the government’s decision to deport him there.
While the filing renewed their claim, Abrego Garcia would consent to removal to Costa Rica immediately, it did not explain why Abrego Garcia had simultaneously filed notice that he fears persecution or torture if deported to the tropical nation. The DOJ has twice accused him of “gamesmanship” over the apparent contradiction.
His attorneys also notified U.S. District Court Judge Waverly Crenshaw, another Obama appointee overseeing Abrego Garcia’s human smuggling case, of the apparent discrepancy reported in the Post, which they said was further evidence of a vindictive prosecution.
Deported in March under contested circumstances, Abrego Garcia was returned to the United States in June, when U.S. Attorney General Pam Bondi unsealed the indictment alleging he participated in a human smuggling ring for nearly a decade, citing his 2022 stop by the Tennessee Highway Patrol (THP).
The Tennessee Star was the first news outlet to report that Abrego Garcia was stopped by THP, and was recently recognized with the Dao Prize for Best Local Journalism for its reporting.
A THP spokesman later told The Star that Abrego Garcia was released at the instruction of the “Biden-era FBI,” despite a U.S. Department of Homeland Security (DHS) document showing that troopers suspected human trafficking during the stop.
Abrego Garcia has pleaded not guilty. His trial is currently scheduled for January, though the Trump administration has informed Xinis it would prioritize his deportation to Liberia over the conclusion of his criminal trial. In August, the judge issued an injunction blocking his removal.
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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].
