Federal Judge Recommends Release of Family Detained for Nearly a Year at Texas Immigration Facility

A federal magistrate in San Antonio, Texas, has advised that a mother and her five children, held at a Dilley immigration detention center since June 2023, should be released after spending nearly eleven months in custody—the longest of any family currently at the facility.

The family, identified as Hayman El Gamal and her children, were detained following the June 2023 arrest of her former husband, Mohamed Sabry Soliman, who faces charges related to a firebombing attack against a group in Boulder, Colorado. El Gamal and her children have consistently maintained they had no involvement in or prior knowledge of Soliman’s alleged activities. The couple divorced after his arrest and the family’s subsequent detention.

U.S. Magistrate Judge Elizabeth Chestney reviewed a habeas corpus petition brought by El Gamal’s legal team and recommended their release under conditions designed to guarantee their appearance at future immigration proceedings. The recommendation now moves to U.S. District Judge Fred Biery, who is set to hear arguments from attorneys on Thursday in San Antonio.

The family’s attorney, Eric Lee, stated that while the recommendation offers some hope, the government has not yet acted to free the family. "We are insisting it do so immediately," said Lee, noting the emotional toll of nearly a year of detention on the children, whose ages range from 5 to 18. The eldest daughter, Habiba Soliman, was reportedly separated from her siblings after turning 18 and participating in a protest at the detention facility.

The family's prolonged detention has also raised medical concerns. Earlier this month, El Gamal was transported to a local emergency room due to a chest lump. Court records indicate she was diagnosed with fluid around her heart, but no conclusive cause for the lump was found. Government officials have denied claims that medical care at the facility has been inadequate, emphasizing that detainees have full access to healthcare services.

U.S. Department of Homeland Security and Immigration and Customs Enforcement representatives did not immediately respond to requests for comment. The case draws attention to ongoing legal disputes over extended family detentions, with multiple courts previously ordering the family’s release and advocates challenging government practices that critics say violate established limits on detaining migrant children.

The family remains in custody as the federal court prepares to rule on the magistrate’s release recommendation. A final decision on their release is expected following the scheduled hearing.