The U.S. Department of Justice told a federal judge on Tuesday that it maintains its plan to deport Kilmar Abrego Garcia to Liberia. The decision continues a protracted legal battle that has drawn sharp criticism from legal observers and the judiciary.
Abrego Garcia, a Salvadoran national, has requested to be sent to Costa Rica instead. The Costa Rican government has signaled it would accept him, as the country recently signed an agreement to receive 25 removals from the U.S. per week.
During Tuesday’s hearing, U.S. District Judge Paula Xinis questioned the government’s insistence on Liberia. Ernesto Molina, director of the Justice Department’s Office of Immigration Litigation, suggested that Abrego Garcia could simply "remove himself" to Costa Rica. Judge Xinis rejected the suggestion, calling it a "fantasy" given that the Justice Department is actively prosecuting the immigrant on criminal human smuggling charges. Because of these pending charges, Abrego Garcia is legally barred from leaving the country.
A history of judicial friction
The dispute follows a series of administrative errors that have defined Abrego Garcia’s case. In March 2025, the Trump administration wrongfully deported him to El Salvador, violating a 2019 protection order that recognized his vulnerability to gang violence. At the time, the government labeled the removal an "administrative error."
After initially refusing to facilitate his return, the administration faced a unanimous U.S. Supreme Court decision in April 2025 upholding Judge Xinis’s order to bring him back. Upon his return in June, the government immediately filed criminal charges against him. Although a court ordered his release in August, immigration agents took him back into custody within days.
Critics of the administration’s mass deportation campaign argue that the government’s focus on sending Abrego Garcia to Africa—rather than his home country or a willing neighbor like Costa Rica—serves as retribution for his high-profile legal victory.
Judge Xinis has scheduled a follow-up hearing for April 28 to address the ongoing impasse. Abrego Garcia remains in the U.S. as he fights both the criminal charges and the deportation proceedings.
