Kilmar Abrego Garcia, a Salvadoran national, informed a federal judge on June 3, 2026, about new statements from Department of Homeland Security Secretary Markwayne Mullin regarding his potential deportation to Costa Rica. This development could impact ongoing legal proceedings concerning his removal.
In a three-page filing to U.S. District Judge Paula Xinis in Maryland, Abrego Garcia's attorneys referenced remarks made by Mullin during a Senate Appropriations Committee hearing. During the hearing, Senator Chris Van Hollen (D-MD) noted that Abrego Garcia had consented to be deported to Costa Rica, which had agreed to accept him. Mullin responded affirmatively, stating, "Great, if he’s willing to do that, we’ll be happy to send him." The attorneys argued that this statement supports their request for the court to address outstanding habeas claims.
This filing comes amid a protracted dispute regarding the location of Abrego Garcia's potential deportation. In a previous hearing, Judge Xinis questioned government lawyers about reports suggesting removal to Liberia and inquired why self-deportation to Costa Rica was not allowed, as proposed by his legal team.
Abrego Garcia's case gained national attention after he was deported to El Salvador in March 2025, despite a 2019 immigration order preventing his removal due to fears of persecution. The Trump administration later facilitated his return to the U.S. following a Supreme Court intervention.
The recent filing follows a ruling by U.S. District Judge Waverly Crenshaw, who dismissed federal human smuggling charges against Abrego Garcia, citing evidence of potential retaliation related to his deportation challenge. The Justice Department has criticized this ruling and plans to appeal, asserting that the court interfered with a legitimate prosecution linked to a 2022 traffic stop in Tennessee.
Art Arthur, a former immigration judge, commented that Mullin's statement does not legally bind the agency but speculated that it could lead to Abrego Garcia's deportation to Costa Rica. He also noted that the DOJ is likely to pursue an appeal regarding the dismissal of the trafficking case, irrespective of whether Abrego Garcia faces trial.
The administration is also seeking to lift Judge Xinis's injunction that currently restricts Abrego Garcia's removal while litigation is ongoing.
