US seeks to deport Kilmar Ábrego García to Liberia despite new Costa Rica deal

Key Takeaways

• The Department of Homeland Security (DHS) intends to remove Salvadoran-born Kilmar Ábrego García to Liberia, even after Costa Rica agreed to accept him.
• A federal judge, Paula Xinis, has previously barred ICE (U.S. Immigration and Customs Enforcement) from detaining or deporting him and criticized the agency’s removal plans as unrealistic.
• Ábrego García was mistakenly deported to El Salvador last year despite a 2019 ruling that returning him there posed a danger; he was later brought back to the U.S. and is now facing criminal human-smuggling charges.
• The government says third-country removal negotiations with Liberia justify its plan; the DOJ (Department of Justice) suggested Ábrego García could “remove himself” to Costa Rica, a point the judge called a “fantasy.”
• This case highlights legal and human-rights questions about third-country removals and how they affect noncitizens with protection claims and family ties in the U.S.

Overview

U.S. government attorneys told a federal judge they still plan to deport Kilmar Ábrego García to Liberia despite Costa Rica’s willingness to accept him. Ábrego García, 30, was born in El Salvador, has lived in Maryland for years and has an American wife and child. He was mistakenly deported to El Salvador last year even though a 2019 immigration judge’s ruling found he faced danger there from a gang; under that ruling he could not be removed to El Salvador. It has been reported that Todd Lyons, acting head of ICE, argued in a memo that sending him to Costa Rica would be “prejudicial” to the U.S. because the government has spent resources negotiating with Liberia to accept third‑country nationals.

Court fight and legal context

Judge Paula Xinis of the U.S. District Court for the District of Maryland has barred ICE from detaining or deporting Ábrego García and said the agency has offered “one empty threat after another” about Africa‑bound removals with “no real chance of success.” The DoJ’s immigration litigation director suggested at a hearing that Ábrego García could “remove himself” to Costa Rica, but Xinis noted that he is currently indicted in Tennessee on human‑smuggling charges and called the idea he could leave while prosecution is pending a “fantasy.” Ábrego García has pleaded not guilty and has asked for dismissal of the criminal case; the judge set a briefing schedule and another hearing for 28 April. (DHS refers to the Department of Homeland Security; DoJ is the Department of Justice.)

What this means for immigrants now

This dispute matters beyond one man. “Third‑country” removals — sending a noncitizen to a country that is not their nationality — have been used when a return to the home country is legally blocked or practically impossible. Courts are scrutinizing whether the government can actually carry out such plans and whether the moves respect due process and protection claims (like withholding of removal or asylum). For people in removal proceedings, the case underscores the importance of counsel: criminal indictments can complicate removal options, and negotiated agreements between the U.S. and foreign states (like Liberia or Costa Rica) can change where someone might be sent. Practically, anyone facing similar issues should consult an immigration attorney immediately, track court dates and filings, and be aware that family unity and long‑standing community ties in the U.S. are central arguments in these fights.

Source: Original Article