U.S. government attorneys on Tuesday told a federal judge the Department of Homeland Security still intends to deport Kilmar Abrego Garcia to Liberia, despite a new agreement with Costa Rica to accept deportees who cannot legally be returned to their home countries.

The Salvadoran national’s case has become a focal point in the immigration debate after he was mistakenly deported to El Salvador last year. Since his return, he has been fighting a second deportation to a series of African countries proposed by Homeland Security officials.

U.S. District Judge Paula Xinis, of Maryland, previously barred U.S. Immigration and Customs Enforcement from deporting him or detaining him. She has written that the agency has no viable plan to actually deport Abrego Garcia, referring in February to “one empty threat after another to remove him to countries in Africa with no real chance of success.”

Abrego Garcia has argued that if he is going to be deported, it should be to Costa Rica, which previously agreed to accept him. But Todd Lyons, the acting head of U.S. Customs and Immigration Enforcement, said in a March memo that deporting Abrego Garcia to Costa Rica would be “prejudicial to the United States.”

At a Tuesday hearing in Xinis’ court, Ernesto Molina, director of the Department of Justice’s Office of Immigration Litigation, suggested that Abrego Garcia could “remove himself” to Costa Rica.