Prosecutors say they plan to appeal the decision to release the suspects in the Amalia compound case.
The five adults are accused of starving 11 children on the compound in Taos County.
Investigators say there is also evidence some of the children were being trained to use high powered weapons — potentially in school shootings — and there were rituals being performed that may have resulted in the death of a 3-year-old boy.
Judge Sarah Bakus denied the motion to keep them locked up saying in part, the defendants have not been charged in the child’s death, and there are no charges regarding acts of terrorism or threats of terrorism.
Despite the judge’s decision, the boy’s father Siraj Wahhaj will remain locked up because he has an outstanding warrant for kidnapping out of Georgia.
ICE has also taken 35-year-old Jany Leveille who is originally from Haiti into their custody.
The judge said the other three can be released once they secure housing.
It’s unclear how quickly prosecutors will file their appeal.