Politics

Trump’s Deportation Move: Why a Plea Deal and Legal Battle Unfold

August 23, 2025, 2:19 PM

Senator Chris Van Hollen, an older man with gray hair, sits at an outdoor table and talks with a younger man, Kilmar Abrego Garcia, who is wearing a plaid shirt and a baseball cap.

Senator Chris Van Hollen (right) is pictured speaking with Kilmar Abrego Garcia (left) at an outdoor table during a meeting in El Salvador. By Press Office Senator Van Hollen.

Executive Summary

The Trump administration is reportedly considering deporting Kilmar Abrego Garcia to Uganda, despite a court ruling requiring 72 business hours’ notice and his recent release from criminal custody.

A US District Judge previously mandated 72 business hours’ notice for Garcia’s deportation to a third country to allow him to present claims of torture or persecution.

Garcia’s legal team alleges the government’s actions, including a plea deal offer to deport him to Costa Rica, constitute “vindictive and selective prosecution” for challenging an earlier deportation.

The Story So Far

The current consideration of deporting Kilmar Abrego Garcia to Uganda, despite a previous court ruling requiring 72 business hours’ notice for any third-country deportation to allow him to present claims of torture or persecution, follows earlier plea deal negotiations by the Trump administration that proposed his deportation to Costa Rica. Garcia’s lawyers contend these actions, including the latest deportation attempt, are part of a “vindictive and selective prosecution” aimed at punishing him for challenging an earlier, allegedly wrongful, deportation.

Why This Matters

The Trump administration’s reported intent to deport Kilmar Abrego Garcia to Uganda, despite a judicial order for 72 business hours’ notice and a Costa Rican offer of asylum, signals a potential disregard for legal due process and judicial oversight in immigration matters. This action, which Garcia’s lawyers allege is vindictive prosecution, could undermine established protections for individuals challenging deportation and seeking to present claims of torture or persecution, highlighting the complexities and potential punitive nature of immigration enforcement.

Who Thinks What?

The Trump administration is reportedly considering deporting Kilmar Abrego Garcia to Uganda, despite a previous court ruling requiring 72 business hours’ notice, and also offered a plea deal for his deportation to Costa Rica.

Kilmar Abrego Garcia’s legal team alleges that the government’s actions constitute vindictive and selective prosecution, aiming to punish him for challenging an earlier deportation.

The government of Costa Rica offered to accept Kilmar Abrego Garcia as a refugee or grant him legal status as part of a proposed plea deal.

The Trump administration is reportedly considering deporting Kilmar Abrego Garcia to Uganda in the coming days, according to a notice from a Department of Homeland Security official sent to his lawyers. This development occurred minutes after Garcia’s release from criminal custody, where he faces federal charges, and despite a previous court ruling requiring 72 business hours’ notice for such a deportation.

Deportation Notice and Legal Context

The notice indicated that deportation could commence no sooner than 72 hours after its issuance, excluding weekends. This follows earlier hints from administration officials about the possibility of deporting Garcia to a third country, though it was previously unclear if his trial on federal charges would conclude first.

A US District Judge’s ruling last month mandated that officials provide Garcia and his legal team with 72 business hours’ notice before any deportation to a third country. This ruling was specifically put in place to allow time for Garcia to present claims of torture or persecution.

Plea Deal Negotiations

Garcia’s lawyers also revealed that the government had attempted to negotiate a plea deal. Under this proposed agreement, Garcia would plead guilty to two federal charges and, upon serving any sentence, be deported to Costa Rica.

The government of Costa Rica had offered to accept Garcia as a refugee or grant him some form of legal status. This offer was renewed Friday evening, with Garcia’s lawyers setting a deadline of Monday morning for him to accept the plea deal.

Lawyers’ Allegations of Vindictive Prosecution

Garcia’s legal team has argued that these offers demonstrate the government’s intent to punish him for challenging an earlier deportation that they claim was wrongful. They have characterized the government’s actions as vindictive and selective prosecution, seeking the dismissal of the case.

The ongoing legal battle highlights the complexities of immigration and criminal justice proceedings under the Trump administration, with Garcia’s lawyers continuing to challenge the government’s actions as potentially punitive.