BOULDER, Colo. >> A federal judge Wednesday ordered the government to immediately halt deportation proceedings against the family of a man charged in the firebombing attack in Boulder, Colorado, to ensure the protection of the family’s constitutional rights.

U.S. District Judge Gordon P. Gallagher granted a request from the wife and five children of Mohamed Sabry Soliman, who are Egyptian, to block their deportation. U.S. immigration officials took the family into custody Tuesday.

“The court finds that deportation without process could work irreparable harm and an order must issue without notice due to the urgency this situation presents,” Gallagher wrote.

Soliman, 45, has been charged with a federal hate crime and state counts of attempted murder in the attack in downtown Boulder on Sunday. Witnesses say he threw two Molotov cocktails at a group demonstrating for the release of Israeli hostages in Gaza, and he confessed to the attack in custody.

His family members have not been charged.

Federal authorities have said Soliman has been living in the U.S. illegally, and U.S. Secretary of Homeland Security Kristi Noem said earlier Wednesday that the family was being processed for removal. It’s rare that a criminal suspect’s family members are detained and threatened with deportation.

“It is patently unlawful to punish individuals for the crimes of their relatives,” attorneys for the family wrote in the lawsuit.

Eric Lee, an attorney representing the family, said efforts to deport them should not happen in a democracy.

“The punishment of a 4-year-old child for something their parent allegedly did, who also has a presumption of innocence, is something that should outrage Americans regardless of their citizenship status,” he said.

Emails, a text and a telephone call seeking comment from spokespeople for the Department of Homeland Security and U.S. Immigration and Customs Enforcement in Washington and Colorado have not been returned.

Family investigated

Soliman’s wife, Hayam El Gamal, a 17-year-old daughter, two minor sons and two minor daughters all are Egyptian citizens, according to El Gamal’s lawsuit. They were being held at an immigration detention center in Texas, Lee said.

“We are investigating to what extent his family knew about this heinous attack, if they had knowledge of it, or if they provided support to it,” Noem said in a statement.

Noem also said federal authorities would immediately crack down on people who overstay their visas, following the Boulder attack.

Soliman told authorities that no one, including his family, knew about his planned attack, according to court documents. El Gamal said she was “shocked” to learn her husband had been arrested in the attack, according to her lawsuit.

Victims increase

Earlier Wednesday, authorities raised the number of people injured in the attack from 12 to 15, plus a dog.

Boulder County officials said in a news release that the victims include eight women and seven men ages 25 to 88.

Details about how the victims were affected would be explained in criminal charges set to be filed Thursday, according to Boulder County District Attorney’s office spokesperson Shannon Carbone.

Soliman had planned to kill all of the roughly 20 participants in Sunday’s demonstration at the popular Pearl Street pedestrian mall, but he threw just two of his 18 Molotov cocktails while yelling “Free Palestine,” police said. Soliman didn’t carry out his full plan “because he got scared and had never hurt anyone before,” police wrote in an affidavit.

According to an FBI affidavit, Soliman told police he was driven by a desire “to kill all Zionist people” — a reference to the movement to establish and protect a Jewish state in Israel. Authorities said he expressed no remorse about the attack.

Witnesses at vigil

Around 200 people squeezed into the local Jewish Community Center Wednesday evening for a vigil that featured prayer, songs and emotional testimony from a victim and witnesses to the attack.

Rachelle Halpern, who has been walking with the group since 2023, said she remembers thinking it was strange to see a man with a canister looking like he was going to spray pesticide on the grass. Then she heard a crash and screams and saw flames around her feet.

“A woman stood one foot behind me, engulfed in flames from head to toe, lying on the ground with her husband,” she said. “People immediately, three or four men immediately rushed to her to smother the flames.”

Her description prompted murmurs from the audience members. One woman’s head dropped into her hands.