Judge dismisses part of lawsuit over ‘Alligator Alcatraz' immigration detention center
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ACLU attorney Eunice Cho, the lead attorney for the detainees, said the federal government only reversed course last weekend and allowed the detainees to petition an immigration court because of the lawsuit.
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'It should not take a lawsuit to force the government to abide by the law and the Constitution,' Cho said. 'We look forward to continuing the fight.'
The judge heard arguments from both sides in a hearing earlier Monday in Miami. Civil rights attorneys were seeking a preliminary injunction to ensure detainees at the facility have access to their lawyers and can get a hearing.
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The state and federal government had argued that even though the isolated airstrip where the facility is located is owned by Miami-Dade County, Florida's southern district was the wrong venue since the detention center is located in neighboring Collier County, which is in the state's middle district.
Judge Ruiz had hinted during a hearing last week that he had some concerns over which jurisdiction was appropriate.
'Much has changed since the complaint's filing,' Ruiz wrote.
Six of the plaintiffs have met with lawyers through videoconference, though they claimed the conferences are not confidential since they are not in an enclosed room and staff is close by and in listening proximity to the detainees.
A subset of detainees alleged they are eligible for bond hearings and their lawyers have been 'unable to access — yet alone identify — the proper court for those hearings."
But Ruiz noted the facts in the case changed Saturday, when the Trump administration designated the Krome facility as the immigration court with jurisdiction over all detainees at the detention center.
Ruiz wrote that the case has 'a tortured procedural history' since it was filed July 16, weeks after the first group of detainees arrived at the facility.
'Nearly every aspect of the Plaintiffs' civil action — their causes of action, their facts in support, their theories of venue, their arguments on the merits and their requests for relief — have changed with each filing,' the judge wrote.
The state and federal government defendants made an identical argument last week about jurisdiction for a second lawsuit in which environmental groups and the Miccosukee Tribe sued to stop further construction and operations at the Everglades detention center until it's in compliance with federal environmental laws.
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U.S. District Judge Kathleen Williams in Miami on Aug. 7 ordered a 14-day halt on additional construction at the site while witnesses testified at a hearing that wrapped up last week. She has said she plans to issue a ruling before the order expires later this week. She had yet to rule on the venue question.
Frisaro reported from Fort Lauderdale, Florida, and Schneider reported from Orlando, Florida.
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