Attorneys for Kilmar Abrego Garcia, who was wrongfully deported, criticized government officials for rearresting him in Baltimore on Monday. They also expressed concern over plans to deport him to Uganda. In a motion filed on Tuesday, his legal team opposed the government's request for additional time to respond to allegations of "vindictive and selective prosecution." A magistrate judge in Tennessee granted the government's request for an extension.

The attorneys stated, "Ordinarily, we would agree, as a matter of professional courtesy, to a request for an extension, after first consulting with our client. But the government has unilaterally re-arrested our client, notified us of its intention to deport him to Uganda, and rendered him (at least temporarily) unavailable to us."

Abrego Garcia, originally from El Salvador, was deported in March to a mega-prison in El Salvador, despite a 2019 court order that prohibited his deportation due to fears of persecution. The Trump administration had claimed he was affiliated with the criminal gang MS-13, a claim his family and attorneys deny. He was returned to the U.S. in June to face charges in Tennessee for allegedly transporting undocumented migrants while living in Maryland. He has pleaded not guilty to these charges.

After being released on Friday while awaiting trial, Abrego Garcia was taken into immigration custody when he checked in with the ICE office in Baltimore on Monday. His attorneys reported that he was informed he might be deported to Uganda after he declined a plea deal that would have allowed him to be deported to Costa Rica in exchange for a guilty plea to the human smuggling charges.

In their filing, Abrego Garcia's attorneys argued that the government is "depriving" him of the pre-trial release ordered by the Tennessee court. They contended that the government should not receive an extension to respond to their accusations, stating, "The government has repeatedly failed to persuade courts of its inflammatory and false allegations about Abrego Garcia."

The attorneys further claimed that the government appears to be delaying its response until after Abrego Garcia is deported, which would prevent the court from addressing their motion. They stated, "It is difficult to reach any conclusion other than that the government seeks to delay its response until after Mr. Abrego is deported, at which point it will argue that it does not have to respond at all."

In a separate filing on Monday, the government countered the claim that it attempted to coerce Abrego Garcia into an involuntary guilty plea. Robert McGuire, the Acting United States Attorney for the Middle District of Tennessee, stated that the government had never offered a third-party country placement as part of a plea deal. He said, "The Government, in good faith, began in earnest to search for a third-party country placement which was described by the defendant as a necessary part of any plea agreement."

Abrego Garcia is currently being held at a detention center in Virginia. A federal judge in Maryland has temporarily blocked his deportation pending a further hearing.