A federal judge in Texas has ordered the release of an Egyptian mother and her five children who have spent close to a year in immigration detention, concluding that continued confinement could deepen a constitutional violation after months of reported medical neglect and deteriorating living conditions inside a family detention facility.
The ruling, issued Monday by U.S. magistrate Elizabeth Chestney in San Antonio, centers on Hayam El Gamal and her children, including five-year-old twins, who have been held at the South Texas Family Residential Center in Dilley since last June. According to the reporting provided, the family is believed to be the longest detained at the facility and among the longest held under current federal immigration enforcement practices. In her decision, the judge found that “requiring them to endure further detention… risks compounding the constitutional violation.”
Despite the court’s finding, the family remained in custody Monday night. Their attorney, Eric Lee, said the ruling was clear but had not yet been implemented. “A federal court has determined [US Immigration and Customs Enforcement]’s prolonged detention of this family violates the Constitution,” Lee said. He added, “No more delays, no more obfuscations: release the El Gamal family immediately.”
The family was detained after Mohamed Sabry Soliman, Hayam El Gamal’s husband, was charged in connection with a firebombing attack in Boulder, Colorado. According to the source material, he was accused of throwing Molotov cocktails at demonstrators supporting Israeli hostages, injuring at least 29 people, while an 82-year-old woman later died from her injuries. He has pleaded not guilty and remains in federal custody facing more than 100 charges.
His wife and children, however, have not been charged with any crimes. They have repeatedly stated that they had no knowledge of the alleged attack. Hayam El Gamal has since entered divorce proceedings and is legally separated from him, and their attorney has said the family has disavowed him and is no longer in contact with him.
Shortly after the family’s detention, the White House publicly signaled its position. In a post last June, it stated, “Six One-Way Tickets for Mohamed’s Wife and Five Kids. Final Boarding Call Coming Soon.” Then-Homeland Security Secretary Kristi Noem also said the Department of Homeland Security was investigating what the family knew about the incident.
The length of the family’s detention has drawn particular scrutiny because of long-standing limits on holding children in immigration custody. Under court-mandated restrictions described in the source material, the federal government is generally not permitted to detain children for more than 20 days. The El Gamal children were held for approximately 10 to 10 and a half months.
Their confinement continued even after an immigration judge initially determined that they did not pose a danger to the public. In September, the judge ordered the family released on a $15,000 bond. The Board of Immigration Appeals later intervened and ordered a new hearing, after which the judge reversed that decision.
As the case moved through the courts, the family’s account of conditions inside the Dilley facility became more detailed. Days before the federal ruling, Hayam El Gamal was taken to a local emergency room after developing a lump in her chest. Doctors found fluid around her heart but did not determine the cause. Lee said in court filings that she had not received proper medical attention while detained and that obtaining urgent care after release was a priority. He also said she feared the lump could be cancerous due to her family history and the lack of treatment she described.
The family’s reports extended beyond that incident. In letters shared publicly by their attorney, the children described conditions involving food, water, and access to care. One of the most detailed accounts came from the family’s 16-year-old son, who wrote, “I have seen with my own eyes, food that has mold in it. I even saw food with actual worms.” He also described experiencing “severe abdominal pain” and being unable to walk to the facility’s medical unit. Hours later, he was taken there in a wheelchair, where he said a nurse told him, “I can’t help you. Go and come back if you still have pain in 3 days.” He later vomited and was transferred to an emergency room, where he was diagnosed with appendicitis.
Additional concerns included reports of unsafe or nonpotable drinking water and inadequate medical and dental care. U.S. Rep. Joaquin Castro noted that one of the family’s five-year-old children was denied dental treatment while in custody.
The emotional impact of prolonged detention was also reflected in the children’s own words. In an account shared with The Texas Tribune, a 9-year-old child wrote, “We have been here for nine months. I really miss playing with my toys and my watch.” The child added, “Please get us out of here.”
The Dilley facility, where the family has been held, opened in 2014 and has been the subject of sustained scrutiny over the years. It was closed in 2021 and later reopened. It is described in the source material as the only federal facility authorized to hold parents with their children. Attorneys and advocates have said the center has faced recurring concerns related to health conditions and the impact of prolonged detention on children.
According to the family’s attorney, conditions worsened after they began speaking publicly about their experience. Lee told The Texas Tribune that the family’s situation deteriorated after they reported their treatment. The eldest daughter, 18-year-old Habiba Soliman, was separated from her mother and siblings after speaking to reporters about conditions inside the facility.
Public demonstrations followed. At a protest at Dilley, a friend of the family read from a letter written by Hayam El Gamal, which stated, “My kids, two of whom are five years old, have been struggling to live in a place that isn’t suitable for such long periods of time.” The letter also said, “We didn’t do anything to deserve this. Children shouldn’t be punished for their parents’ actions.” Supporters in Colorado Springs, where the family previously lived, also organized a rally. Lee responded to those efforts by saying, “Reminder that children shouldn’t have to organize protests to release their classmates from prolonged federal detention!”
Federal officials defended their position following the ruling. In a statement, a Department of Homeland Security spokesperson said the judge sought to “release this terrorist’s family onto American streets.” The spokesperson added that the agency would “continue to fight for the removal of those who have no right to be in our country, especially national security threats.”
The legal process is ongoing, with a hearing before U.S. District Judge Fred Biery scheduled for Thursday. While the ruling marked a significant development, Lee emphasized that the family’s situation remained unresolved. “We feel vindicated, but despite the court’s ruling, the family has not yet been released. After 10 and a half months we demand the executive branch release them immediately,” he said. He later underscored the situation in direct terms: “They’re still detained.”
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