The Trump administration may resume using Florida’s secluded “Alligator Alcatraz” detention center while litigation against the facility proceeds, a federal appeals court ruled 2-1.
The Sept. 4 decision by the U.S. Court of Appeals for the 11th Circuit paused a district judge’s order requiring the federal and state governments to halt all construction at the Everglades site and giving them 60 days to dismantle all remaining generators, lights and fencing.
While the U.S. Department of Homeland Security already was removing detainees when the appellate decision was handed down, Florida said in a court filing it was prepared to immediately reverse the process if the appeals court ruled its way. “The state defendants remain confident that the 11th Circuit will stay, and eventually overturn, the preliminary injunction. When that occurs, the facility will resume accepting federal detainees.”
Florida Gov. Ron DeSantis called the ruling a victory in the cause of removing “illegal aliens” from the nation.
“Florida wasn’t allowed to use our own property to help the federal government in this important mission.”
“The mission continues on immigration enforcement” despite the decision of a “leftist judge” who thought “Florida wasn’t allowed to use our own property to help the federal government in this important mission,” he said.
District Judge Kathleen Williams’ Aug. 21 order shuttering the facility came in response to a lawsuit filed in June by environmental activists concerned about the environmental effects of Alligator Alcatraz.
The 3,000-bed detention center stands on a little-used airport located in the Big Cypress National Preserve, an area of rich bio- and botanical diversity and comprising part of the traditional territory of the Miccosukee Tribe.
The complaint filed by Friends of the Everglades and the Center for Biological Diversity, and later joined by the tribe, demanded an environmental impact study as required by the National Environmental Protection Act. The action also cited violations of the National Historic Preservation Act and the Administrative Procedures Act.
But the 11th Circuit held that environmental impact studies ultimately cannot constrain government decisions or projects, regardless of findings.
“The (government) defendants are likely to demonstrate on appeal that the plaintiffs have failed to state a viable claim based on the federal defendants’ alleged violation of NEPA and the APA,” the ruling concluded.
Eve Samples
Noting the decision paused but didn’t overturn Williams’ injunction, the environmental groups vowed to continue with the litigation to see Alligator Alcatraz closed down.
“While disappointing, we never expected ultimate success to be easy,” said Eve Samples, executive director of Friends of the Everglades. “We’re hopeful the preliminary injunction will be affirmed when it’s reviewed on its merits during the appeal.”
Elise Bennett
It’s a shame the Trump and DeSantis administrations are so eager to waste taxpayer money on such a destructive project, said Elise Bennett, Florida and Caribbean director and a senior attorney at the Center for Biological Diversity. “This is a heartbreaking blow to America’s Everglades and every living creature there, but the fight isn’t even close to over and I’m confident we’ll ultimately prevail.”
The appellate court decision is as bad for people as it is for the environment, said Amy Fischer, director of refugee and migrants for Amnesty International USA. “Beyond the environmental concerns brought in the lawsuit, this facility, carried out in coordination with the state of Florida, is a human rights disaster.”
Amy Fischer
Detainees kept at the facility “have gone through hell,” she added. “Within weeks of starting to detain people, horror stories emerged about dangerous and inhumane conditions including maggot-infested food, overflowing toilets and no working showers, lack of medical care, and virtually no access to lawyers.”
A separate lawsuit filed against Florida challenges the state’s authority to hold federal detainees and calls attention to the “atrocious and dangerous” conditions endured by people held at the facility.
“This facility has already become a disaster in the first few weeks of its operations, with mounting reports of disease, wrongful removals and people being denied all kinds of basic rights. This is exactly why Congress did not allow states to set up their own immigration facilities,” according to the action filed Aug. 23 by the American Civil Liberties Union, ACLU of Florida, the Community Project and National Immigration Justice Center.
“The lack of authority to operate the facility has resulted in unprecedented challenges that people in immigration detention typically do not face, including being held without charge, not receiving initial custody or bond determinations, not appearing in the detainee locator system, and not being able to access their attorneys or immigration court.”
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