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Federal judges order pause of Egyptian household’s deportation after ICE re-arrested

April 26, 2026
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A drawing created by a member of Hayam El Gamal’s family. The family was re-arrested after freed earlier this week.
A drawing created by a member of Hayam El Gamal’s household. The household was re-arrested after freed earlier this week. Credit score: Art work supplied by attorneys for the El Gamal household

A flight carrying an Egyptian household to Michigan late Saturday abruptly rotated after a Texas decide dominated that the six ought to stay within the U.S. pending additional litigation.

The last-minute reversal was the latest improvement in a dizzying sequence of occasions this week that attorneys mentioned added to ongoing questions over the manager’s energy in comparison with the judiciary in terms of President Donald Trump’s purview of immigration and his administration’s push for expanded deportations.    

A Texas federal decide Saturday dominated that the household, believed to be the longest held on the controversial South Texas Household Residential Heart in Dilley, shouldn’t instantly be deported after immigration brokers instantly re-arrested the mom and her youngsters hours earlier. A second order by a federal decide in Colorado was issued Saturday night, reiterating that the household shouldn’t be deported.

The rulings got here because the household was on a aircraft to Michigan, from the place the federal government ostensibly deliberate to rapidly deport them to Egypt, the place their attorneys mentioned the mom and her youngsters worry persecution. 

The aircraft, the legal professional, Michigan-based Eric Lee, posted on X, “constitutionally can’t be allowed to take off.”

It could not have been the primary time that Trump’s administration deported immigrants after federal judges ordered towards their removing. Among the many most well-known circumstances is that of Kilmar Abrego Garcia of El Salvador, who was dwelling in Maryland earlier than he was mistakenly despatched to a infamous mega-prison in that Central American nation final 12 months regardless of an earlier U.S. courtroom order barring Abrego Garcia’s deportation. His case spurred world criticism, though he has since returned to the U.S., as litigation in his case is ongoing. 

“Cease this travesty of justice from going down,” Lee, the Gamal household legal professional, posted on X earlier Saturday, referring to the El Gamal household. 

Lee added that the “try and take away the El Gamal household is in violation of a federal courtroom order and should be halted instantly. The rights of the whole inhabitants and essentially the most fundamental rules of separation of powers are at stake.” 

U.S. District Court docket Choose Fred Biery in San Antonio dominated hours after the household’s re-detention Saturday that given the emergency enchantment by attorneys, the household’s deportation to Egypt ought to be paused. Biery agreed along with his personal earlier ruling in addition to one by U.S. Justice of the Peace Choose Elizabeth Chestney this week that the household, which incorporates 5-year-old twins who’ve been held at Dilley for greater than 10 months, ought to be freed whereas they await an immigration decide’s choice on their asylum case. 

The household acquired widespread consideration after the mom and her youngsters earlier this 12 months started publicly elevating alarms in regards to the remedy on the facility, together with medical neglect, rotting meals, impotable water, and disrespect for his or her Muslim religion. Final week, attorneys mentioned that the mom was rushed to the emergency room after months of affected by an unidentified bump, which she feared could also be cancerous on account of her household historical past and probably heightened by the shortage of medical care on the detention heart. 

In an emergency request to the U.S. Court docket of Appeals for the Fifth Circuit on Saturday, the household’s attorneys argued that halting their quick deportation is critical partially due to the “extremely irregular actions that the federal government has taken” towards the household since they have been detained final 12 months. The attorneys mentioned that the household was re-arrested by Immigration and Customs Enforcement officers at their first check-in since being freed Thursday. 

The household’s sudden re-detention ignited widespread criticism by advocates and a few congressional Democrats.  

“That is outrageous and undermines the rights of each American,” U.S. Rep. Greg Casar, an Austin Democrat, posted on X. He famous that if the administration can “ignore a courtroom order to go after this household, anybody could possibly be subsequent.”

The Division of Homeland Safety didn’t straight handle questions in regards to the household’s rearrest on Saturday. Nevertheless, in a press release attributed to Performing Assistant Secretary Lauren Bis, the division reiterated that the household acquired due course of — an account that has been disputed by the household’s attorneys and a Houston Chronicle report this month citing earlier judicial choices.

“Underneath President Trump, DHS will proceed to struggle for the removing of those that don’t have any proper to be in our nation—particularly terrorists and their associates,” she mentioned. “We’re assured the courts will finally vindicate us.”

The El Gamal household, who got here to the U.S. on a vacationer visa in 2022 and later utilized for asylum, has been detained since June after the daddy, Mohamed Sabry Soliman, was charged with attacking largely Jewish protesters in Boulder, Colorado, accused of throwing Molotov cocktails at demonstrators supporting Israeli hostages. He allegedly wounded a minimum of 29 individuals and an 82-year-old lady died from her accidents. The daddy, who pleaded not responsible, stays in federal custody on greater than 100 fees associated to the incident. 

Trump’s administration, shortly after the household was arrested final June, publicized the case, promising “Six One-Method Tickets for Mohamed’s Spouse and 5 Youngsters. Closing Boarding Name Coming Quickly.”

His spouse, who met her husband in an organized marriage when she was younger, and her youngsters haven’t been charged with any crimes. They’ve repeatedly maintained that they didn’t learn about Soliman’s plans and had an estranged relationship with him. The household has since disavowed the daddy and is not involved with him, their legal professional mentioned, and his spouse has filed for divorce.

The household’s case went viral final month after its attorneys shared heartbreaking accounts within the youngsters’s personal phrases and drawings of the hurt they mentioned they have been struggling at Dilley.

“Now we have been right here for 9 months. I actually miss taking part in with my toys and my watch,” wrote the 9-year-old in accounts first shared with The Texas Tribune. “Please get us out of right here.”

“Think about being punished for one thing that you simply didn’t do, one thing you’ll by no means assist, after which being trapped in detention for months,” wrote 18-year-old Habiba El Gamal, the household’s eldest daughter. “Regardless of having overwhelming proof to show our innocence, the reality is ignored.”

This text first appeared on The Texas Tribune.

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