A federal judge in Texas ordered the immediate release of a Colorado mother and her five children who were detained for nearly a year following their family member’s alleged involvement in a terrorist firebombing attack in Boulder, overruling Department of Homeland Security objections and sparking intense debate about national security and judicial authority.
Court Orders Immediate Release Despite Government Opposition
U.S. District Judge Fred Biery directed immigration authorities to release Hayam El Gamal and her five children, including 18-year-old Habiba Soliman, from federal detention Thursday afternoon. The family had been held since shortly after the alleged June terrorist attack in Boulder. El Gamal and her adult daughter must comply with electronic monitoring and periodic reporting to immigration authorities. The government filed a two-part objection to the release recommendation issued earlier in the week by U.S. Magistrate Judge Elizabeth Chestney, who determined the government failed to prove the family posed a danger or flight risk.
Administration Vows Continued Deportation Efforts
Acting Assistant Secretary Lauren Bis sharply criticized the ruling, calling Biery an activist judge appointed by Bill Clinton who is releasing a terrorist’s family onto American streets. The Department of Homeland Security announced it will continue fighting for the removal of those without legal right to remain in the country, especially national security threats. Bis emphasized the administration applies the law without prejudice and will remove illegal aliens when judges find they have no right to be present. The family received a final order of removal through what the government described as full due process, though attorneys for the family disputed this characterization.
Detained Student Loses College Dreams
Habiba Soliman was an honors student in Colorado Springs planning to attend college and eventually Harvard Medical School when authorities detained her family. She spent what should have been her freshman year of college in the Dilley detention facility. Her friend Lilah Pettey, now a freshman at Colorado School of Mines, described the loss as devastating for someone they expected to be a significant contributor to the community. In a January interview from detention, Habiba stated the family condemns all people who use violence, including her father. Attorneys reported El Gamal was repeatedly denied medical care for serious health issues during detention, creating urgent concerns requiring immediate attention after release.
Judicial Authority Versus National Security
The case highlights tensions between judicial oversight of detention practices and executive branch immigration enforcement priorities. Judge Chestney warned of significant risks that the government would intervene to target the family’s case and prevent their lawful release, suggesting concerns about procedural fairness. The family’s legal team traveled to the Texas detention center to assist with the release process. While the immediate detention has ended, deportation proceedings continue, meaning the family’s legal battle remains unresolved despite the judge’s release order overriding federal objections.
