Family’s 10-month detention by ICE ruled unconstitutional by judge

houstonchronicle.com · By Julián Aguilar · 2026-04-20T23:12:40Z

Drawings by Hayam El Gamal’s young children.Images provided by attorneys for the El Gamal family.A federal magistrate judge has ordered the release of an Egyptian family from an immigration detention center in Texas where they spent 10 months in captivity. Their lawyer says they have been held longer than any other family.The order comes months after an immigration judge first granted the family of six, the El Gamals, permission to be released on bond, but the judge later reversed his decision at the urging of the Trump administration.Article continues below this adEric Lee, the family’s lawyer, said that as of Monday afternoon, the family was still detained at the Dilley Immigration Processing Center, and he urged Immigration and Customs Enforcement officials to abide by the judge’s order as soon as possible. “A federal court has determined ICE's prolonged detention of this family violates the Constitution,” Lee said. “Nevertheless, ICE has not yet released the family. No more delays, no more obfuscations: release the El Gamal family immediately."Houston Chronicle LogoMake us a Preferred Source on Google to see more of us when you search.Add Preferred SourceLee and Democratic lawmakers who have visited the mother and her children said the family’s health was rapidly deteriorating inside the facility. Last week, Lee said the mother, Hayam El Gamal, had a "growth on her chest" that caused enduring pain but was denied the follow-up care she needed.Immigration and Customs Enforcement officials denied the family was being denied adequate care.Article continues below this adLee told the Chronicle Monday one of the first priorities for El Gamal was to get immediate medical attention. Department of Homeland Security officials did not immediately respond to a request for comment Monday afternoon. 'The appropriate remedy' Hayam El Gamal and her children were detained shortly after her husband, Mohamed Sabry Soliman, was accused of an antisemitic firebombing attack in Boulder, Colorado while the family was living in Colorado Springs. After Soliman’s arrest, the Department of Homeland Security publicly stated it planned to deport the entire family and was investigating what knowledge they had about Soliman’s attack. The couple is currently in divorce proceedings. “Six One-Way Tickets for Mohamed’s Wife and Five Kids. Final Boarding Call Coming Soon,” the White House’s official X account posted on June 3. Then-Department of Homeland Security Secretary Kristi Noem also tweeted: “We are investigating to what extent his family knew about this heinous attack.” Article continues below this adAn immigration judge later determined the family was not a flight risk and posed no threat to the public. El Gamal and Soliman have since legally separated. “I don’t see danger as an issue,” the judge, Justin Adams, told a prosecutor for ICE when the family first tried to secure their release in September, according to a transcript of the proceedings. They were ordered released on a $15,000 bond but ICE employed what’s known as an automatic stay of that decision and the family remained locked up. In November, the Board of Immigration Appeals ordered Adams to hold a new bond hearing and Adams later reversed his decision. As recently as last week, Adams denied the family’s request for a new bond hearing. Article continues below this adIn her order signed Monday, however, magistrate judge Elizabeth “Betsy” Chestney said the family could have petitioned for another bond hearing to secure their release but said it would be an “inadequate remedy” as the federal government would likely intervene. The appropriate action would instead be to order the family released. “Requiring them to endure further detention and the inevitable delay in the provision of another bond hearing risks compounding the constitutional violation,” Chestney wrote. “Immediate release is the appropriate remedy.” Chestney ordered Gamal’s attorneys and Trump officials to discuss conditions related to the family’s release and supervision and present those findings to a district court judge. A hearing is scheduled in federal court in San Antonio Thursday where the judge will hear arguments on whether Chestney’s recommendation should be accepted or rejected.