Two of the criminal defense attorneys representing Kilmar Abrego Garcia in his federal human smuggling case in Tennessee did not respond to Thursday press inquiries from The Tennessee Star, which sought to confirm that Abrego Garcia reviewed and rejected a plea deal that would have seen him ultimately deported to Costa Rica.
Neither Rascoe Dean of the Nashville-based Sherrard Roe Voight & Harbison, nor Sean Hecker of the New York law firm, Hecker & Fink, replied to the Thursday morning request from The Star to clarify their Saturday filing, which revealed the existence of the plea deal for the first time.
The filing states that, before Abrego Garcia’s pretrial release last Friday, prosecutors informed his attorneys of a plea deal that would have seen the citizen of El Salvador enter a guilty plea in exchange for removal to Costa Rica at the end of whatever sentence is imposed by the court.
According to the filing, part of the plea deal involved the alleged human smuggler agreeing to remain in U.S. Department of Justice (DOJ) custody until the following Monday, when he would have changed his plea.
While the filing states that Abrego Garcia declined to request to remain incarcerated, the attorneys wrote that they informed prosecutors of their intention to “communicate the government’s proposal” to their client.
The lawyers’ filing does not state whether Abrego Garcia accepted or declined the offer, but does reveal, “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 the plea in exchange for deportation to Costa Rica, or else that offer will be off the table forever.”
He subsequently reported to the U.S. Immigration and Customs Enforcement (ICE) Baltimore Field Office on Monday, where he was detained ahead of his anticipated deportation to Uganda. Those plans have since been stayed by District Court Judge Paula Xinis until at least October 6.
Abrego Garcia has since designated Costa Rica as his preferred destination for deportation, and a letter from that nation’s government to the U.S. Embassy in Costa Rica confirms that Abrego Garcia will be granted residency or refugee status, and not deported to El Salvador, if removed to the Central American nation.
His immigration attorney, Simon Sandoval-Moshenberg of the Maryland law firm Murray Osorio, recently suggested that Abrego Garcia was willing to immediately agree to a deal involving deportation to Costa Rica, after confirming the plea deal was received by the El Salvadoran’s criminal defense attorneys.
“They say that their goal is to get him out of the country as quickly as possible,” said Sandoval-Moshenberg during a Monday appearance on PBS. “There’s already an offer on the table from Costa Rica for refugee status in that country, and a guarantee that Costa Rica will not deport him on to El Salvador.”
He told the network, “If they want to get him out as quickly as possible, we could work that out tomorrow.”
Deported in March by the Trump administration, Abrego Garcia was returned to Tennessee in June after Attorney General Pam Bondi unsealed the criminal indictment alleging his nearly 10-year participation in a human smuggling ring.
The allegations within the indictment stem from the November 2022 stop of Abrego Garcia by Tennessee Highway Patrol (THP), which was first reported by The Star. A spokesman for THP later told The Star that Abrego Garcia’s release came at the instruction of the “Biden-era FBI,” and a U.S. Department of Homeland Security document confirmed troopers suspected human trafficking.
Abrego Garcia has pleaded not guilty to the charges. A trial is currently scheduled for January 2026.
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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].
Photos “Kilmar Abrego Garcia” by President Nayib Bukele; “Andrew Rossman is by Quinn Emanuel, and “Rascoe Dean” is by Sherrard Roe Voigt.
