Judge considers whether Florida's 'Alligator Alcatraz' detention center violates environmental law
Until the laws are followed, environmental groups and the Miccosukee Tribe said U.S. District Judge Kathleen Williams should issue a preliminary injunction to halt operations and further construction. The suit claims the project threatens environmentally sensitive wetlands that are home to protected plants and animals and would reverse billions of dollars' worth of environmental restoration.
The lawsuit in Miami against federal and state authorities is one of two legal challenges to the South Florida detention center which was built more than a month ago by the state of Florida on an isolated airstrip owned by Miami-Dade County.
A second lawsuit brought by civil rights groups says detainees' constitutional rights are being violated since they are barred from meeting lawyers, are being held without any charges, and a federal immigration court has canceled bond hearings. A hearing in that case is scheduled for Aug. 18.
Under a 55-year-old federal environmental law, federal agencies should have examined how the detention center's construction would impact the environment, identified ways to minimize the impact and followed other procedural rules such as allowing public comment, according to the environmental groups and the tribe.
It makes no difference that the detention center holding hundreds of detainees was built by the state of Florida since federal agencies have authority over immigration, the suit said.
'The construction of a detention center is an action that is necessarily subject to federal control and responsibility,' they said in a recent court filing. 'The State of Florida has no authority or jurisdiction to enforce federal immigration law.'
Attorneys for federal and state agencies last week asked Williams to dismiss or transfer the injunction request, saying the lawsuit was filed in the wrong jurisdiction. Even though the property is owned by Miami-Dade County, Florida's southern district is the wrong venue for the lawsuit since the detention center is located in neighboring Collier County, which is in the state's middle district, they said.
Williams had yet to rule on that argument.
The lawsuits were being heard as Florida Republican Gov. Ron DeSantis ′ administration apparently was preparing to build a second immigration detention center at a Florida National Guard training center in north Florida. At least one contract has been awarded for what's labeled in state records as the 'North Detention Facility.'
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