A 5-year-old child who spoke to Ms. Rachel, who was detained by ICE, was released with her family

A 5-year-old boy unable to speak about his ordeal in a South Texas immigration detention center has drawn national attention after a video call with children’s entertainer Ms. Rachel was released to his family, their attorney said Tuesday.

Gael, who has severe developmental delays and other medical challenges, was held for three weeks at the Dilley Immigration Processing Center — a remote, prison-like facility that has become a hotbed of controversy over the Trump administration’s crackdown.

His parents, asylum seekers from Colombia who asked to be identified only by their first names because they fear reprisals, say their son’s physical and emotional health has been damaged in Dilley. He was having a hard time eating and was unable to eat, until a week passed without a bowel movement, leaving his stomach swollen and painful.

As her condition worsened, Gael became increasingly anxious and began to beat herself, according to the family’s lawyer, Elora Mukherjee.

The terms of the family’s release were not clear, Mukherjee said. He said they plan to return to their home in El Paso and may have to attend regular checkups with ICE as their case moves forward.

The decision to release them came a week after Mukherjee requested their release on medical grounds and days after NBC News detailed the family’s experience.

The family, who had no criminal record in the US, were arrested March 3 at the El Paso immigration facility, Mukherjee said.

“This family should not have been arrested and detained,” he said. “Law-abiding people who live their lives and comply with all of their immigration requirements should not be suddenly removed from their communities and taken to detention centers.”

The Department of Public Safety did not immediately respond to a request for comment.

Gael’s case became public this month when Rachel Accurso – a teacher known to millions of children and parents as Ms. Rachel – talking to him via Zoom.

During the call, hosted by a reporter from N+ Univision, Accurso slipped into character, wearing a pink headband and trying to meet him – singing “Wheels on the Bus,” holding up a toy and talking softly about his love of trains. But Gael appeared distraught and distressed as her mother described her deteriorating condition.

After that, Accurso posted about the encounter on Instagram, writing: “This guy needs us.”

“Imagine if your baby hadn’t come out in nine days,” she later told NBC News. “This is not normal. This is a serious medical condition.”

Mukherjee, a professor at Columbia Law School and director of the Immigrants’ Rights Clinic, found out about Gael’s case through Accurso’s post and advocated for the family.

In letters sent to immigration officials last week, he warned that Gael’s condition is deteriorating in custody and that he is not receiving the specialized care he relies on at home. Before he was arrested, Gael was being tested for autism and receiving treatment, where the family was staying while they sought asylum, Mukherjee said.

In an interview last week, his parents, Leonardo and Nelsy, described Gael’s ordeal about a video call from Dilley as the boy wandered into an empty meeting room.

“No child should be here, no matter the situation,” Leonardo said in Spanish. “Even for us as adults it is difficult.”

Dilley is facing increasing scrutiny from immigration advocates and lawyers, who say children are suffering emotionally and physically in a place where the lights are on around the clock and guards are on the lookout. Families described contaminated food, lax education and inadequate health care. DHS disputed those accounts, saying the families were being provided appropriate care in a facility designed for their needs.

Accurso has emerged as a prominent voice in that debate.

After speaking with Gael and another boy who pleaded for help to get out of Dilley so he could attend the spelling bee, Accurso told NBC News that he is working with lawyers and attorneys to “close Dilley and make sure that kids and their parents go back to their communities where they live.”

For Gael and his parents, the focus has been on them recovering from their grief, said Mukherjee.

They plan to return to their Texas community, he said, where Gael can begin medical care and treatment while the family continues to seek asylum.

“Nelson and Leonardo are very eager to take Gael to their pediatrician so he can get the medical attention he needs right away,” Mukherjee said. “That’s what’s most important to them.”