The wife and five children of an Egyptian man alleged to have thrown Molotov cocktails at a group of pro-Israel demonstrators in Boulder, Colorado, were ordered released from federal custody Monday.
The family of Mohamed Sabry Soliman had been detained for the last 10 months at a detention facility in Dilley, Texas.
An attorney for the family said they remain in custody.
"Although the court has ruled that the El Gamal family is detained in violation of the Constitution, the government continues to keep them locked up," Eric Lee told ABC News.
"We demand their immediate release," Lee added.
The Department of Homeland Security originally ordered the family, which includes children aged 18, 16, 9, and 5-year-old twins, deported, but the order was blocked by a judge.
Soliman is charged with murder and assault and has pleaded not guilty in the attack, carried out while he yelled "Free Palestine." The family emigrated to the United States in 2022.
"The facts of this case have not changed: Mohamed Soliman is a terrorist responsible for an anti-Semitic firebombing in Boulder," DHS Acting Assistant Secretary Lauren Bis said in a statement.
"The judge wants to release this terrorist's family onto American streets," Bis added. "Under President [Donald] Trump, DHS will continue to fight for the removal of those who have no right to be in our country, especially national security threats."
An 82-year-old Colorado woman died as a result of injuries she suffered in the attack. Prosecutors say 13 people were physically injured.
At the demonstration, Soliman posed as a gardener and wore a construction vest to get close to the group before launching the attack, prosecutors allege.
Hayam El Gamal, Soliman's wife, was recently rushed to the emergency room after she was denied medical care for chest pains, Lee said on social media.
"We do not know if the lump is cancerous, all we know is that the pain is increasing, the incidents are becoming worse and worse, and she is not receiving a proper diagnosis that could lead to proper treatment," Lee said.
"After 10 months in detention, Ms. El Gamal remains in pain," Lee added.
The Associated Press contributed to this report.
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