WASHINGTON — The Department of Homeland has promised to appeal a judge’s order to release Kilmar Abrego Garcia from custody .

On Thursday, United States District Judge Paula Xinis granted a habeas corpus petition. As part of the ruling, Abrego Garcia should be released from ICE custody immediately.

DHS Assistant Secretary for Public Affairs Tricia McLaughlin called the decision “naked judicial activism by an Obama-appointed judge.”

“This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” said McLaughlin via social media.

Abrego Garcia’s case drew national spotlight in March after he was mistakenly deported to El Salvador, despite being legally permitted to remain in Maryland.

The judge gave prosecutors until 5 p.m. EST to formally re

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