A flight transporting an Egyptian family to Michigan was forced to turn around late Saturday after a Texas judge ruled the group must remain in the United States pending further litigation. The last-minute reversal halted an attempt to deport the family to Egypt, where their attorneys claim the mother and children fear persecution.
A Legal Tug-of-War Over Deportation
The event followed a series of rapid developments this week. Immigration agents had suddenly re-arrested the mother and her children hours before the flight, despite a previous ruling that they should be freed while awaiting an asylum case decision.
U.S. District Court Judge Fred Biery in San Antonio paused the deportation following an emergency appeal. This decision aligned with a previous ruling by Biery and another by U.S. Magistrate Judge Elizabeth Chestney.
A second order was issued Saturday evening by a federal judge in Colorado, further reiterating that the family should not be removed from the country. Michigan-based attorney Eric Lee stated on X that the plane “constitutionally cannot be allowed to capture off.”
Constitutional Stakes and Precedents
Attorneys for the family argue that the attempt to remove them violated a federal court order. Lee stated that the “basic principles of separation of powers are at stake” in this case.
The situation has drawn parallels to the case of Kilmar Abrego Garcia of El Salvador. Abrego Garcia was mistakenly deported to a mega-prison last year despite a U.S. Court order barring his removal, a case that spurred global criticism.
U.S. Rep. Greg Casar, an Austin Democrat, described the re-detention as “outrageous,” warning that if the administration ignores court orders for this family, “anyone could be next.”
Background of the El Gamal Case
The family entered the U.S. On tourist visas in 2022 and later applied for asylum. They were detained in June after the father, Mohamed Sabry Soliman, was charged with attacking mostly Jewish protesters in Boulder, Colorado.
Soliman is accused of throwing Molotov cocktails at demonstrators supporting Israeli hostages, allegedly wounding 29 people and causing the death of an 82-year-old woman. He has pleaded not guilty to more than 100 charges and remains in federal custody.
The mother and five children, including 5-year-old twins, have not been charged with any crimes. They maintain they had an estranged relationship with Soliman and were unaware of his plans; the mother has since filed for divorce.
Allegations of Mistreatment in Detention
The family gained public attention after reporting severe conditions at the Dilley facility. These reports included medical neglect, rotting food, non-potable water, and disrespect for their Muslim faith.
Lawyers noted that the mother was recently rushed to the emergency room for an unidentified bump. Due to her family history and the alleged lack of care at the center, she feared the growth may be cancerous.
In a statement, Acting Assistant Secretary Lauren Bis of the Department of Homeland Security maintained that the family received due process. Bis stated that DHS will continue to fight for the removal of those with no right to be in the U.S., “especially terrorists and their associates.”
Potential Next Steps
The family’s immediate future may depend on the outcome of their asylum case. They are currently awaiting a final decision from an immigration judge.
Further litigation in the U.S. Court of Appeals for the Fifth Circuit could determine if the government’s actions against the family are deemed “highly irregular.” Depending on these rulings, the family may either remain in the U.S. Or face renewed deportation efforts.
Frequently Asked Questions
Why was the El Gamal family detained?
The family was detained in June after the father, Mohamed Sabry Soliman, was charged with attacking Jewish protesters in Boulder, Colorado, using Molotov cocktails.
Have the mother and children been charged with a crime?
No, the mother and her children have not been charged with any crimes and have disavowed the father.
What conditions were reported at the Dilley detention center?
Reports from the family and their lawyers cited medical neglect, rotting food, impotable water, and a lack of respect for the family’s Muslim faith.
How should the legal system balance national security removals with the judicial rights of family members not accused of any crime?
