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(Bloomberg) — The Maryland man who became a face of the Trump administration’s crackdown on immigration after being accidentally deported to El Salvador has been given a stark choice back in the US: plead guilty to human smuggling charges or be sent to Uganda.
A US Immigration and Customs Enforcement representative allegedly made the threat against Kilmar Abrego Garcia “within minutes” of his long-awaited release on bail Friday night, his lawyers said in a filing Saturday in federal court in Nashville, where the criminal case is underway.
ICE and the US Justice Department “are obviously working in lockstep to coerce Mr. Abrego into accepting a guilty plea in his criminal case, holding over his head the prospect of possible indefinite detention — or worse — in a country halfway across the world,” his lawyer said in the filing.
The exchange is a rare look into negotiations between US officials and one of the most high-profile immigrants to clash with the Trump administration. It also highlights President Donald Trump’s use of so-called third-country deportations to remove immigrants to nations where they have no ties.
Abrego Garcia’s lawyer, Sean Hecker, said the alleged threat by ICE bolsters his argument that the case should be dismissed over what’s known as vindictive prosecution. Abrego Garcia, a Salvadoran immigrant who is married to a US citizen, argues the criminal case was brought as payback after he fought his earlier deportation to El Salvador.
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The Department of Homeland Security, which oversees ICE, as well as the Justice Department, didn’t immediately respond to messages seeking comment.
Abrego Garcia was freed by the Tennessee court so he could return to his family in Maryland to await trial. His lawyers say the government initially sought to prevent his release by making a one-time offer earlier this week to deport him to the relative safety of Costa Rica if he quickly pleaded guilty and served his sentence.
When Abrego Garcia didn’t accept the offer and returned to Maryland, ICE said that if he didn’t plead guilty the US would now deport him to Uganda if he is found guilty at at trial after he serves any sentence.
“There can be only one interpretation of these events: the DOJ, DHS, and ICE are using their collective powers to force Mr. Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat,” his lawyer said.
After Abrego Garcia’s erroneous deportation, the US Supreme Court ordered the administration to facilitate his return, which the White House initially balked at. He was eventually returned, but only to face charges that he illegally transported undocumented immigrants within the country.
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