Kilmar Abrego Garcia is set to return to federal court in Maryland on Tuesday to continue his legal battle against deportation.
Abrego Garcia, who had been residing in Maryland with his family, was deported in March 2025 to El Salvador's CECOT mega-prison. This occurred despite a 2019 court order that barred his removal to the country due to fears of persecution. The Trump administration proceeded with the deportation after alleging Abrego Garcia was a member of the criminal gang MS-13, an accusation he denies.
Following a Supreme Court ruling that affirmed Abrego Garcia should be returned to the U.S., he was brought back to the country last June. He was then to face human smuggling charges in Tennessee. U.S. District Judge Paula Xinis subsequently released him from ICE custody while he awaited trial. In May, a federal judge dismissed the criminal indictment against him, citing that the government's investigation was tainted by a "vindictive motive."
The Trump administration has persisted in seeking Abrego Garcia's deportation to a third country. Government officials have previously identified Eswatini, Liberia, and Uganda as potential destinations for removal.
Abrego Garcia's attorneys have stated that Costa Rica is his preferred designation if deportation is ordered. Officials from Costa Rica have indicated that the country would offer him refugee status and the possibility of residency.
"What is unconstitutional is the Government's insistence on punitively removing him to an African country -- to which he has no connection and has asserted a fear of persecution or torture, including by future refoulement -- instead of the country which he validly designated, Costa Rica, in retaliation for exercising his constitutional and statutory rights," his lawyers stated in a July court filing.