Can the U.S. Deport You to a Country You’ve Never Been To? The Kilmar Abrego Garcia Case Explained
In a move that tests the limits of U.S. immigration law, federal authorities are seeking to deport Kilmar Abrego Garcia, a Salvadoran national, to Uganda—a country with which he has no known connection. This case, unfolding in August 2025, raises profound questions about the scope of government power, the ethics of plea bargaining in immigration cases, and the fundamental human rights of non-citizens. After a wrongful deportation to El Salvador and a rejected plea deal, Garcia now faces removal to a nation where he has no family, language, or support system. For anyone facing federal immigration proceedings, this case serves as a critical, and alarming, example of the government’s potential legal strategies.
Background: A Series of System Failures
Kilmar Abrego Garcia came to the United States in 2011 as a minor fleeing gang violence in El Salvador. He previously held protected status preventing removal to El Salvador.
In March 2025, an administrative error led to his wrongful deportation to El Salvador, where he was incarcerated in the CECOT “mega-prison.” After public outcry, he was returned to the U.S. to face federal charges of human smuggling, to which he pleaded not guilty.
The Plea Deal and the “Uganda Option”
Prosecutors initially offered Garcia a plea deal: accept guilt, serve additional jail time, and be deported to Costa Rica, a country that had signaled willingness to accept him as a refugee.
When Garcia refused, prosecutors announced plans to deport him to Uganda. This is unusual—Garcia has no ties to Uganda, no language skills, and no support network there. His attorneys argue that this shift is a coercive tactic meant to pressure him into a guilty plea.
The Legal Question: Can the Government Do This?
The Immigration and Nationality Act (INA) governs deportations. Under INA § 241(b)(2), there is a hierarchy for determining where someone can be deported:
The country the individual requests.
Their country of citizenship or birth.
A list of alternative countries, including any nation willing to accept them.
The government’s attempt to deport Garcia to Uganda falls into this third category. While legally possible on paper, using it in this way—against someone’s will, with no personal ties—is rare and raises significant legal and ethical concerns.
Human Rights and Due Process Concerns
This case also implicates broader constitutional and humanitarian issues:
Coercive Plea Bargaining: Tying safer deportation options to a guilty plea raises questions about due process and fairness.
Risk and Vulnerability: Deporting someone to a country with no linguistic, cultural, or familial ties creates real risks for their safety.
Prosecutorial Discretion: Even if the law technically permits such removal, is it an arbitrary and punitive use of federal power?
Frequently Asked Questions
Q: Is it legal for the U.S. to deport someone to a third country like Uganda?
Yes, federal law allows deportation to a third country if that country agrees to accept the person. However, doing so without consent and without ties is highly unusual and legally contested.
Q: Why was Costa Rica considered?
Costa Rica reportedly offered to accept Garcia as a refugee, but prosecutors tied this option to a guilty plea. When he refused, they pivoted to Uganda.
Q: How does the Immigration and Nationality Act guide deportation?
INA § 241(b)(2) creates a hierarchy for deportation destinations, starting with the person’s request, then their country of citizenship, and finally a list of other countries—including any that agree to accept them.
Q: What precedent could this case set?
If allowed, it could expand the government’s ability to use deportation to unfamiliar countries as leverage in plea deals, potentially weakening non-citizens’ due process protections nationwide.
Conclusion: A Test of Legal and Moral Boundaries
The Kilmar Abrego Garcia case is more than a bizarre news story—it’s a test of the limits of federal immigration power. It highlights how administrative errors, plea deals, and prosecutorial discretion intersect in ways that profoundly affect human lives.
Facing Immigration or Federal Charges?
Immigration law is complex, and the stakes are high. If you or a loved one are facing removal proceedings or federal charges, it’s important to act quickly. Contact our office today to schedule a consultation and ensure your rights are protected.