Family of Boulder attacker can be deported, Texas judge rules after dismissing family's lawsuit

The family of the Egyptian national who carried out the antisemitic attack in Boulder can be deported, a US federal judge ruled.

On June 1, Mohamed Sabry Soliman threw Molotov cocktails at a pro-Israel demonstration in Boulder, Colorado, while yelling “Free Palestine.” One of the people wounded on the day, 82-year-old Karen Diamond, died of her injuries on June 25. Soliman now faces over 70 charges, including first-degree murder.

Following his arrest, Soliman was found to be in the United States illegally on an expired visa, and his wife and five children are also illegal immigrants.

On June 4, the District of Colorado issued a temporary restraining order preventing the Department of Homeland Security (DHS) from deporting the mother, Hayam El Gamal, and her five children, ages 4 to 18, from the United States.

The case was then transferred to the Western District of Texas on June 18, where the court extended the order for an additional 14 days. They have been held at South Texas Family Residential Center in Dilley, 73 miles southwest of San Antonio, for three weeks.

The El Gamal family submitted a plea on June 25 asserting that their detention violates their Fifth Amendment “because it was intended to punish them for the actions of their family member.” They sought an injunction preventing Immigration and Customs Enforcement from deporting them or transferring them outside of the Western District of Texas.

The mother also said in her federal lawsuit that the family’s experience in the facility “has been traumatic” and that she has had challenges preserving her modesty in observance of her faith.

Then, on Wednesday, Judge Orlando Garcia of the Western District of Texas Court dismissed the family’s lawsuit challenging their ICE detention and cleared the way for their deportation. The family may still secure their release from DHS detention if they can “convince the officer or immigration judge that they pose no flight risk and no danger to the community.”

Garcia, however, ruled that there are no grounds for an expedited deportation of the family as they have been in the US continuously for the last two years.

The discussion of expedited deportation from the US became a subject of media attention as a result of social media posts by the White House on June 3, the day the family was taken into ICE custody.

The first post from the White House declared, “Now in ICE custody for expedited removal” and “COULD BE DEPORTED AS EARLY AS TONIGHT.”

Ten minutes later, the White House published another post, announcing “Six One-Way Tickets for Mohamed’s Wife and Five Kids. Final Boarding Call Coming Soon.”

The confusion over the White House’s posts was the factor leading to the Colorado District Court’s issuance of the temporary restraining order.

DHS response to ruling

Following Garcia’s ruling, Assistant DHS Secretary Tricia McLaughlin said, “This is a proper end to an absurd legal effort on the plaintiff’s part.”

“Just like her terrorist husband, she and her children are here illegally and are rightfully in ICE custody for removal as a result.”

McLaughlin added that Soliman “will be prosecuted to the fullest extent of the law” and that the DHS is currently investigating “to what extent his family knew about this heinous attack, if they had knowledge of it, or if they provided support to it.”

“We are continuing to pray for the victims of this attack and their families,” the DHS said. “Justice will be served.”