Judge to rule in a week on future of Alligator Alcatraz as groups seek injunction
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Florida Gov. DeSantis Reveals Plan To Hold Migrants In Prison Dubbed ‘Deportation Depot’
Florida Governor Ron DeSantis said his administration is taking steps towards holding migrants at a prison in North Florida. Officials intend to hold up to 1,300 migrants at the Baker Correctional Institution, which has been closed since 2021 due to staff shortages. A federal judge is considering whether to order the shutdown of the immigrant detention center known as “Alligator Alcatraz” over claims that it could cause “irreparable” harm to the Everglades area.
Speaking at a news conference on Thursday, DeSantis said the facility “will be operational soon.” “It is not going to take forever, but we are also not rushing to do this right this day,” he added.
The prison is located in a rural area between Tallahassee and Jacksonville. Officials intend to hold up to 1,300 migrants at the Baker Correctional Institution, which has been closed since 2021 due to staff shortages.
The decision comes as a federal judge in Florida judge is considering whether to order the shutdown of the immigrant detention center known as “Alligator Alcatraz” over claims that it could cause “irreparable” harm to the Everglades area in which it is set up.
The Miami Herald noted that the groups are seeking a preliminary injunction to stop operations at the site. They are Friends of the Everglades, the Center for Biological Diversity, Earthjustice and the Miccosukee Tribe.
They sued the Trump and DeSantis administrations, accusing them of dodging a federal law requiring an environmental review of the site before pursuing the initiative. The injunction would stop all operations and further halt construction until there is a verdict.
Last week District Judge Kathleen Williams issued a temporary restraining order blocking the construction of additional paving, tall lighting, filling, excavating or fencing at the camp. The new suit would seek operations be halted as well.
Experts claimed at the hearing then that further construction at the center could be detrimental to the area, driving away wildlife and adding possible carcinogens.
Advocates are also calling for the facility to be shut down as they decry “unlivable” conditions that include mosquitoe-ridden units and lights being on all the time.
“Detention conditions are unlivable,” Tessa Petit, executive director of the Florida Immigrant Coalition, said in a press conference in late July, as reported by NBC News.
Environmental concerns could halt construction at ‘Alligator Alcatraz’ detention center
The judge concluded a multi-day hearing on Wednesday without making an immediate decision. Last week, a judge ordered a 14-day halt on additional construction at the site. The temporary order doesn’t include any restrictions on law enforcement or immigration enforcement. The first phase of “Alligator Alcatraz” opened in July atop a lightly used, single-runway training airport. The detention center has an estimated annual cost of $450 million, according to a public database. the facility was hastily set up without the environmental impact considerations needed for all federal projects, an attorney for the environmental groups says. The judge last week said the center was, at a minimum, a joint partnership between the state and federal government. The second lawsuit claims detainees’ constitutional rights are being violated because they are being held without any charges, and a federal immigration court has canceled bond hearings over the weekend, a court official says. “It just flies in the face of what NEPA requires,” said Paul Schwiep.
Last week, U.S. District Judge Kathleen Williams ordered a 14-day halt on additional construction at the site while witnesses testified at a hearing, part of a lawsuit seeking to halt operations and further construction. The temporary order doesn’t include any restrictions on law enforcement or immigration enforcement activity.
READ MORE: Gov. DeSantis blindsided Florida county officials with ‘Alligator Alcatraz’ plans, emails show
The judge concluded a multi-day hearing on Wednesday without making an immediate decision on whether to issue a preliminary injunction.
President Donald Trump toured the facility last month and suggested it could be a model for future lockups nationwide as his administration races to expand the infrastructure necessary for increasing deportations.
Environmental groups and a Native American tribe have sued over the facility, saying it was hastily set up without the environmental impact considerations needed for all federal projects, even though it deals with immigration, a federal matter.
“It just flies in the face of what NEPA requires,” said Paul Schwiep, an attorney for the environmental groups, referring to the National Environmental Policy Act.
Florida and the Trump administration argue that the state is building and operating the detention center, so those rules about an environmental review don’t apply. Adam Gustafson, an attorney for the federal government, said during the hearing’s closing arguments Wednesday that the federal government only plays an advisory role at the facility.
The judge last week said the center was, at a minimum, a joint partnership between the state and federal government.
The first phase of “Alligator Alcatraz” opened in July atop a lightly used, single-runway training airport. Less than 1,000 detainees were being held there as of last week, and it’s designed to eventually hold up to 3,000 people.
Inside the compound’s large white tents, rows of bunkbeds are surrounded by chain-link cages. People held there say worms turn up in the food, toilets don’t flush and flood floors with fecal waste, while mosquitoes and other insects are everywhere. At times the air conditioners abruptly shut off in the sweltering heat. Detainees are said to go days without showering or getting prescription medicine, and can only speak to lawyers and loved ones by phone.
READ MORE: ‘Alligator Alcatraz’ detainees held without charges, barred from legal access, attorneys say
Gov. Ron DeSantis has said the location in the rugged and remote Everglades was meant as a deterrent against escape, much like the island prison in California that Republicans named it after. The detention center has an estimated annual cost of $450 million, according to a public database.
When asked by the judge why a detention facility needed to be located in the middle of the Everglades, Jesse Panuccio, an attorney representing the state of Florida, referred to government officials’ statements that the remote location and existing runway made it ideal for immigration detention. Williams pointed out many other detention centers were operated safely and effectively in urban areas.
“Florida is lousy with airports,” the judge said. “Why in the middle of the Everglades?”
Witnesses for the environmental groups have testified that at least 20 acres (8 hectares) of asphalt have been added to the site since the Florida Division of Emergency Management began construction. They said additional paving could lead to an increase in water runoff to the adjacent wetlands, spread harmful chemicals into the Everglades and reduce the habitat for endangered Florida panthers.
Chris Ajizian, an attorney for the Miccosukee Tribe, said that neither the state nor federal government gave the tribe any notice of their plans for a detention facility, despite legal obligations and the tribe’s incontrovertible connection to the Everglades.
“It is the life blood of their community, their history and their identity,” Ajizian said during the hearing’s closing.
The lawsuit was being heard as DeSantis′ administration was apparently preparing to build a second immigration detention center at a Florida National Guard training center in the state’s north.
A second lawsuit claims detainees’ constitutional rights are being violated because they are barred from meeting lawyers, are being held without any charges, and a federal immigration court has canceled bond hearings. Over the weekend, a federal judge gave the state until late September to prepare arguments against an effort to get the civil rights litigation certified as a class action.
Federal judge halts construction at Florida’s ‘Alligator Alcatraz’
Federal judge halts construction at Florida’s ‘Alligator Alcatraz’ However, immigration detentions and other operations at the facility will continue. Environmental groups say the rushed construction of the facility violates federal law. Florida is spending an estimated $450 million to cover the cost of construction and operations of the site.”This is wrong, and we will fight it,” a Florida attorney general’s spokesman says of the judge’s order. “Temporary restraining orders are typically not subject to appeal,” the attorney general says. “We look forward to advancing our ultimate goal of protecting the unique and imperiled Everglades ecosystem,” says Eve Samples with Friends of the Everglade. “This detention facility is not the answer to any of our problems,” says Florida wildlife ecologist Randy Kautz, who helped write the state’s Panther Recovery plan. “There are only an estimated 120 to 230 endangered panthers remaining in Florida,” he says.
toggle caption Andrew Caballero-Reynolds/AFP via Getty Images
MIAMI — A federal judge has issued an order temporarily halting construction at an immigration center in Florida’s Everglades.
The judge said the addition of lighting, paving, fencing, fill, and other building on the site must stop while she hears a challenge to the facility brought by environmental groups. However, immigration detentions and other operations at the facility will continue as the legal process moves ahead.
In a lawsuit, Friends of the Everglades, the Center for Biological Diversity, Earthjustice and the Miccosukee Tribe say the rushed construction of the facility — dubbed ‘Alligator Alcatraz’ by state officials — without public input or an environmental impact statement violates federal law.
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The facility, which has tents and caged cells for up to 5,000 immigration detainees, is housed at a mostly abandoned airfield located within the wetlands of the Big Cypress National Preserve.
Lawyers for Florida and the Trump administration said because the facility was built and is operated by the state, federal law doesn’t apply. U.S. District Judge Kathleen Williams was unconvinced by that argument.
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After two days of hearings, she became frustrated when she learned construction was still continuing at the site and lawyers for Florida refused a request to put it on hold. Judge Williams issued a temporary restraining order that stops construction activities there for the next 14 days. Immigration detentions and other operations are unaffected by her order.
Environmental groups presented testimony in court that additional construction of the facility would harm water quality in the Everglades and contribute harm to the endangered Florida panther.
Randy Kautz, a wildlife ecologist who helped write the state’s Panther Recovery plan, said because of the bright lights, increased traffic and human presence at the site, Florida panthers would be pushed out of at least 2,000 acres of their habitat.
There are only an estimated 120 to 230 endangered panthers remaining in Florida. Lawyers with the state said the habitat loss was a small part of the more than 3.1 million acres over which panthers range in Florida. Nonetheless, Kautz said it would contribute to the harm of the panther population.
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Wetlands Ecologist Christopher McVoy, who helped write the plan to restore the Everglades, raised concerns with the court about 20 acres of new asphalt paving on the site and the impact it would have on water quality in the fragile ecosystem. The Everglades, he said, has a very low nutrient level. Runoff containing nutrients and pollutants would have a “drastic impact” on nearby wetlands, he said.
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The groups say rushing the construction without holding hearings, taking public comment or conducting an Environmental Impact Study, Florida and the Trump administration violated the National Environmental Policy Act (NEPA.)
Justice Department attorney Marissa Piropato told the judge, “NEPA does not apply here because the federal detention facility is controlled by Florida.” Florida is spending an estimated $450 million to cover the cost of construction and operations of the site but is expected to seek reimbursement from the Trump administration.
During the hearings, Judge Williams cited comments by Trump administration officials who have called it an Immigration and Customs Enforcement (ICE) facility and repeatedly asked, “Who’s running the show?” She suggested the shifting responsibilities for construction and operation of the detention center may have been a deliberate effort by federal officials to avoid having to comply with NEPA.
Following the judge’s order, Eve Samples with Friends of the Everglades said, “We’re pleased that the judge saw the urgent need to put a pause on additional construction, and we look forward to advancing our ultimate goal of protecting the unique and imperiled Everglades ecosystem from further damage caused by this mass detention facility.”
A spokesperson for Florida Attorney General, James Uthmeier said, “Judge Williams’ order is wrong, and we will fight it.”
Temporary restraining orders are typically not subject to appeal. It will remain in place while the judge hears the environmental groups’ request for a preliminary injunction to halt operations at the site. The next hearing is Tuesday.
Trump administration asks judge to deny temporary restraining order to halt “Alligator Alcatraz” operations
U.S. Department of Justice says Florida has been responsible for the project. Environmental groups are seeking a temporary restraining order to halt operation of the facility. The first detainees reportedly started arriving at the facility Wednesday night. State and federal attorneys contend the project would cause “irreparable” harm to the surrounding areas.”Alligator Alcatraz” is reportedly beginning to receive detainees at the Florida facility. and other federal and state officials gathered at the site to tout the detention center, which has drawn national attention. and tout effort by the Trump administration and state Republican leaders to crack down on illegal immigration, they say. and cite broader effort by President Donald Trump and other officials to crackdown on illegalimmigration, they said. and cited the “significant national interest in combatting unlawful immigration” in allowing Florida to continue the development and use of its facility. but the environmental groups disputed such arguments in seeking the restraining order.
U.S. Department of Justice attorneys filed a nine-page document opposing a request by environmental groups for a temporary restraining order to halt operation of the facility. Friends of the Everglades and the Center for Biological Diversity filed a lawsuit last week, accompanied by the request for a temporary restraining order.
The Justice Department attorneys said part of the lawsuit involves a federal law known as the Administrative Procedure Act. They said the environmental groups have not met a requirement under the law of showing a “final federal agency action.”
“DHS (the U.S. Department of Homeland Security) has not implemented, authorized, directed, or funded Florida’s temporary detention center,” the document said. “Florida is constructing and operating the facility using state funds on state lands under state emergency authority and a preexisting general delegation of federal authority to implement immigration functions. The ‘final agency action’ that the Administrative Procedure Act requires as a prerequisite to judicial review is entirely absent here.”
The document added that Florida “has received no federal funds, nor has it applied for federal funds related to the temporary detention center. Courts cannot adjudicate hypothetical future funding decisions or render advisory opinions on contingent scenarios that may never materialize.”
“Alligator Alcatraz” reportedly beginning to receive detainees
The filing came two days after President Donald Trump, Department of Homeland Security Secretary Kristi Noem, Gov. Ron DeSantis and other federal and state officials gathered at the site to tout the detention center, which has drawn national attention. The Miami Herald reported Thursday morning that the first detainees started arriving at the facility Wednesday night.
Friends of the Everglades and the Center for Biological Diversity contend in the lawsuit that the facility should be halted because it threatens environmentally sensitive areas and species in the surrounding Everglades and Big Cypress National Preserve. The state decided to build the facility at the Dade-Collier Training and Transition Airport, a remote site used for flight training.
In part, the lawsuit alleges federal and state agencies have violated the National Environmental Policy Act, which requires evaluating potential environmental impacts before such a project can move forward.
“In contrast to the significant environmental harms that will result from the construction of a detention center/airport in the middle of a national preserve, and the procedural harm from failing to comply with law requiring an assessment of such harms before proceeding, any harm defendants may shoulder if enjoined would be minimal at best,” the motion for a temporary restraining order said. “DHS (the Department of Homeland Security) already has and contracts with multiple detention centers in Florida and across the United States. To the extent that DHS claims to have insufficient capacity to detain people in response to its own initiative to ramp up apprehensions, that lack of planning does not require or justify bypassing federal laws to develop a new facility within a national preserve and next to a national park.”
Attorneys for the state on Monday filed a 22-page response arguing that U.S. District Judge Jose Martinez should turn down the request for a temporary restraining order. The state has indicated it will seek reimbursement from the federal government for the center’s costs.
State and federal attorneys contend that the environmental groups have not shown the project would cause “irreparable” harm to the surrounding areas. Also, they have cited the broader effort by the Trump administration and state Republican leaders to crack down on illegal immigration.
“Here, the significant national interest in combatting unlawful immigration favors allowing Florida to continue the development and use of its facility,” Justice Department attorneys wrote.
But in seeking the temporary restraining order, the environmental groups disputed such arguments.
“Putting aside whether intractable political gridlock over immigration reform constitutes an ’emergency,’ it does not give license to the state and federal governments to simply disregard the laws that govern federal projects affecting environmentally sensitive lands, essential waterways, national parks and preserves, and endangered species,” wrote attorneys from the Earthjustice legal organization, the Center for Biological Diversity and the Coffey Burlington law firm.
The lawsuit, filed in the federal Southern District of Florida, names as defendants Florida Division of Emergency Management Director Kevin Guthrie; Noem; U.S. Immigration and Customs Enforcement Acting Director Todd Lyons; and Miami-Dade County. The county owns the site, which is also partly in Collier County.