Salvadoran national and illegal immigrant Kilmar Abrego Garcia alerted a federal judge on Wednesday to new testimony from Department of Homeland Security Secretary Markwayne Mullin indicating the Trump administration may be willing to send him to Costa Rica, a development that could reshape a high-profile legal battle over his removal.
In a brief three-page filing submitted to U.S. District Judge Paula Xinis in Maryland on Wednesday, Abrego Garcia’s attorneys highlighted remarks Mullin made during a Senate Appropriations Committee hearing when questioned by Sen. Chris Van Hollen (D-MD) about the Salvadoran national’s proposed relocation to Costa Rica.
Van Hollen told Mullin that Abrego Garcia had agreed to be removed to Costa Rica and that Costa Rica had agreed to accept him. After a back-and-forth over the case, Mullin responded, “Great, if he’s willing to do that, we’ll be happy to send him.” Abrego Garcia’s lawyers argued the statement constitutes additional evidence supporting their request that the court resolve outstanding habeas claims.
The filing comes amid a monthslong dispute over where the administration may deport Abrego Garcia if he is released from custody. During a hearing last month, Xinis, an appointee of former President Barack Obama, pressed government lawyers about reports that officials were considering removing him to Liberia and questioned why the government would not instead permit him to self-deport to Costa Rica, an option his legal team had proposed.
The case of Abrego Garcia, an illegal immigrant from El Salvador, became a national flashpoint after he was deported home in March 2025 despite a 2019 immigration order barring his removal to his home country due to his stated fears of persecution. The Trump administration later facilitated his return to the United States following intervention by the Supreme Court.
The latest filing arrives less than two weeks after U.S. District Judge Waverly Crenshaw, an Obama appointee, dismissed federal human smuggling charges against him in connection to a 2022 traffic stop in Tennessee. Crenshaw concluded prosecutors failed to overcome evidence suggesting the case was motivated by retaliation after Abrego Garcia challenged his deportation in court.
The Justice Department has sharply criticized that ruling and vowed to appeal, arguing the court improperly interfered with a legitimate prosecution involving a previously dormant investigation tied to a 2022 Tennessee traffic stop.
Art Arthur, a former immigration judge, told the Washington Examiner on Wednesday that Mullin’s comment “does not legally bind the agency,” but speculated that it “might just wind up that Abrego Garcia gets deported to Costa Rica.”
With respect to the DOJ’s challenge to Crenshaw’s dismissal of the trafficking case, Arthur said, “I think the DOJ is still going to want to appeal the district court’s order finding that there had been a vindictive prosecution,” regardless of whether Abrego Garcia ever sees an actual trial.
The administration has simultaneously sought to dissolve Xinis’s injunction restricting Abrego Garcia’s removal while litigation remains pending.
JUDGE KEEPS BLOCK ON TRUMP ADMINISTRATION EFFORT TO DEPORT KILMAR ABREGO GARCIA TO LIBERIA
President Donald Trump and administration officials have repeatedly pointed to evidence linking Abrego Garcia to the MS-13 gang, citing past police reports, including one from Prince George’s County, Maryland, that included a statement from a “proven and reliable” confidential informant identifying him as a member of MS-13.
The Washington Examiner contacted DHS for a response.