The U.S. government told a federal judge Tuesday that it still intends to deport Kilmar Abrego Garcia to Liberia, even after Costa Rica agreed to accept some third-country deportees who cannot legally be sent back to their home countries. The position keeps Costa Rica tied to one of the most closely watched immigration cases in the United States, but also makes clear that Washington is not treating the new agreement with San José as the path for Abrego Garcia’s removal.
Abrego Garcia, a Salvadoran national who has lived in Maryland for years, was mistakenly deported to El Salvador in 2025 despite a prior ruling that he could not be sent there because of danger from gangs. He was later returned to the United States under court pressure, but now faces a separate effort by immigration authorities to remove him again, this time to Liberia. He also faces a criminal case in Tennessee on human smuggling charges and has pleaded not guilty.
The Costa Rica angle has become more prominent in recent weeks because the country signed a non-binding migration agreement with the United States allowing Washington to propose the transfer of up to 25 third-country nationals per week. Under that arrangement, Costa Rica can accept or reject individual cases, must review flight manifests in advance, and is supposed to provide an appropriate migratory status or other legal protections for those admitted. The agreement also states that transferred migrants cannot be sent to places where they could face persecution or torture.
Even so, the U.S. argued in court that Abrego Garcia should still go to Liberia. According to the court discussion reported Tuesday, Abrego Garcia had argued that if he is to be deported, Costa Rica should be the destination. But ICE acting director Todd Lyons said in a March memo that sending him to Costa Rica would be “prejudicial to the United States,” and said Liberia remained the preferred option after the U.S. spent diplomatic effort and government resources negotiating with that country.
Judge Paula Xinis has already blocked immigration authorities from deporting or re-detaining Abrego Garcia and has sharply questioned whether the government has a realistic plan to remove him at all. At Tuesday’s hearing, the judge also rejected the suggestion that he could simply leave for Costa Rica on his own while the Tennessee criminal case is still pending, calling that idea a fantasy. She set another hearing for April 28.
For Costa Rica, the case adds another layer of scrutiny to a deal that has already stirred debate. The agreement gives San José discretion to reject proposed transfers, but Abrego Garcia’s case shows how quickly Costa Rica can become part of a larger U.S. deportation fight even when Washington ultimately chooses another destination.
