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Judge orders release of mom and five children from immigr...
Suzanne Gamb · 2026-04-24 · via NBC News Top Stories

SAN ANTONIO — A federal judge on Thursday ordered the release of Hayam El Gamal and her five children, who have been held in immigration detention in Dilley, Texas, for more than 10 months — longer than any other family detained there under the administration’s mass deportation agenda.

El Gamal's ex-husband, the children's father, was charged in a fatal antisemitic firebombing attack in Colorado. The children range in age from 5 to 18.

U.S. District Judge Fred Biery of the Western District of Texas ordered their release.

El Gamal’s attorney, Eric Lee, told reporters he was “thrilled to pieces” as he exited the courtroom on his way to the detention center where the family is being held. Lee said they’ll have to wear ankle monitors but at least "they’ll be home." As he was rushing out of the elevator, he could be heard saying "we won" as he spoke into his cell phone.

Christopher Godshall-Bennett, who represented Habiba Soliman, 18, the oldest of El Gamal's children, said after the ruling that "children should not be in jail."

"It's really heartening there's still a sliver of justice," a visibly emotional Godshall-Bennett said, adding they came "so close" to getting out several times over the past several months.

On Monday, a federal magistrate recommended the family be released “under conditions sufficient to ensure their participation at future removal proceedings.”

Following Monday's recommendation for their release, a Department of Homeland Security spokesperson said in a statement to NBC News that “the judge wants to release this terrorist’s family onto American streets. Under President Trump, DHS will continue to fight for the removal of those who have no right to be in our country, especially national security threats."

El Gamal and her children have been in detention since June, following the arrest of her ex-husband Mohamed Sabry Soliman, 45. He has been charged with multiple counts in connection with the June attack in Boulder on a group calling for the release of Israeli hostages in Gaza. At least 14 people were injured in the attack and a woman died weeks later.

El Gamal, who divorced Soliman after his arrest, condemned the attack and said that the family knew nothing of his alleged plans.

El Gamal’s attorney Eric Lee recently filed court documents urging the family’s release, pointing out El Gamal’s recent emergency room visit and a lump in her chest that’s been causing her “excruciating” pain. Several physicians asked by Lee to independently review El Gamal’s medical records recommended she receive further testing for cancer, autoimmune disease and cardiac issues and raised concerns over her medical condition.

Biery’s order is not the first time the administration has been instructed to release the family. An immigration judge granted the family bond, allowing them to leave detention on a $15,000 bond on Sept. 19, 2025. But the administration used various legal maneuvers to prevent their release.

The administration tried to immediately deport the family after Soliman was arrested, with the White House stating in a social media post about six one-way tickets for “Mohamed’s Wife and Five Kids. Final Boarding Call Coming Soon.”

But a federal judge stopped the deportation, saying El Gamal and her children could not be immediately deported because they had been in the country more than two years.

The family had been outspoken about conditions inside the Dilley facility, which is designated as a detention center for families. Drawings by the children and letters by them and El Gamal were released to media and provided to Congress.

In a March 9 letter to U.S. senators, El Gamal stated that the family’s religious beliefs were not accommodated. She and her oldest daughter were not shielded from men they did not know, she said, and Halal food was not served.

DHS has previously called allegations about poor care “mainstream media lies” and said parents and children are “housed in facilities that provide for their safety, security and medical needs.”

The agency also has previously said the families have access to full medical staff, including a pediatrician, and it described the care as “the best healthcare” some detainees have received “in their entire lives.”