logo
Lawsuit to halt Alligator Alcatraz filed in wrong court, Florida's top emergency manager says

Lawsuit to halt Alligator Alcatraz filed in wrong court, Florida's top emergency manager says

CBS News2 days ago
Florida's top emergency official asked a federal judge on Monday to resist a request by environmentalists to halt an immigration detention center known as Alligator Alcatraz in the middle of the Florida Everglades because their 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. Decisions about the facility also were made in Tallahassee and Washington, Kevin Guthrie, executive director for the Florida Division of Emergency Management, said in a court filing.
"And all the detention facilities, all the buildings, and all the paving at issue are sited in Collier County, not Miami-Dade," Guthrie said.
Environmental groups filed a lawsuit in Florida's southern district last month, asking for the project being built on an airstrip in the heart of the Florida Everglades to be halted because the process didn't follow state and federal environmental laws. A virtual hearing was being held Monday on the lawsuit.
Critics have condemned the facility as a cruel and inhumane threat to the ecologically sensitive wetlands, while Republican Gov. Ron DeSantis and other state officials have defended it as part of the state's aggressive push to support President Donald Trump's crackdown on illegal immigration.
U.S. Homeland Security Secretary Kristi Noem has praised Florida for coming forward with the idea, as the department looks to significantly expand its immigration detention capacity.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Mom of MS-13 murder victim confronts Democrat lawmaker's 'trap' question at Senate border hearing
Mom of MS-13 murder victim confronts Democrat lawmaker's 'trap' question at Senate border hearing

Fox News

time25 minutes ago

  • Fox News

Mom of MS-13 murder victim confronts Democrat lawmaker's 'trap' question at Senate border hearing

Tammy Nobles says she refused to fall into one Democratic lawmaker's "trap" when a line of questioning during a Senate Judiciary Subcommittee hearing on Tuesday turned into a clash over immigration. Sen. Alex Padilla of California pressed a panel of invited speakers that included Nobles, angel mom Marie Vega and others touched by the illegal immigration topic during the hearing, asking them to raise their hand if they believed "all immigrants are criminals." Nobles, whose 20-year-old daughter Kayla Hamilton was murdered by illegal immigrant and MS-13 gang member Walter Martinez in July 2022, fired back with the question, "Are you talking about legal immigrants or are you talking about regular immigrants?" before a back-and-forth proceeded. Nobles told "Fox & Friends First" on Wednesday that she felt the question was designed to "trap" Vega, who was testifying about the murder of her son, Javier "Harvey" Vega Jr., at the hands of an illegal immigrant during former President Barack Obama's second term in 2014. "I think he was trying to get her trapped, and then I just jumped in and was like, 'What do you mean? Do you mean illegal immigrants that didn't come the right way? Or do you mean legal immigrants who did it the right way?' "I think he was trying to trap us into saying something that [would trip us up]," she alleged. "I didn't let him do that… You can't say all migrants. You can't put them all in the same category," she added. During the hearing, Padilla challenged the Trump administration's rhetoric that their hardline approach to going after the alleged "worst of the worst" is rectifying a problem exacerbated by the Biden administration. "The way they present it, the way they talk about President Biden and prior Democratic administrations [suggests] it was never a priority for Democratic administrations to go after criminals, and that Democrats and Democratic administrations just didn't care about the presence of dangerous people living in our communities," he said. "[That's] simply not true," he continued, before pointing to an immigration official who affirmed his suggestion that ICE agents were not discouraged from enforcing the law under Biden's tenure. Nobles is now encouraging Congress to pass the Kayla Hamilton Act, introduced by South Carolina Republican Rep. Russell Fry, to tighten existing loopholes regarding how the federal government handles unaccompanied minor children. Tuesday's speaker panel also included Alejandro Barranco, a U.S. Marine veteran who says his illegal immigrant father was forcibly detained by ICE agents while working at his landscaping job in California last month. "These people had no warrant for him and no reason to chase him and beat him… I believe my father was racially profiled… I do believe the vast amount of undocumented people in this country are here to work and support the country as well as raising children like my brothers and me… "My father, like so many others, deserves a fair chance to stay in the country he calls home. This country is better because of people like my dad. It's time our policies reflected that," he said.

Judge limits Trump's ability to deport Abrego Garcia after lengthy court battle
Judge limits Trump's ability to deport Abrego Garcia after lengthy court battle

Fox News

time26 minutes ago

  • Fox News

Judge limits Trump's ability to deport Abrego Garcia after lengthy court battle

Greenbelt, Md. – A federal judge blocked the Trump administration from immediately deporting a Salvadoran migrant at the center of a legal and political maelstrom. U.S. District Judge Paula Xinis issued a temporary restraining order on Wednesday prohibiting the Trump administration from immediately taking Salvadorian migrant Kilmar Abrego Garcia into ICE custody for 72 hours after he is released from federal custody in Nashville, Tennessee. Xinis said earlier this month that she would take action soon, in anticipation of a looming detention hearing for Abrego Garcia in his criminal case. She said she planned to issue the order with sufficient time to block the Trump administration's stated plans to immediately begin the process of deporting Abrego Garcia again upon release, this time to a third country such as Mexico or South Sudan. Xinis's order said the additional time will ensure Abrego can raise any credible fears of removal to a third country, and via "the appropriate channels in the immigration process." She also ordered the government to provide Abrego and his attorneys with "immediate written notice" of plans to transport him to a third country, again with the 72-hour notice period, "so that Abrego Garcia may assert claims of credible fear or seek any other relief available to him under the law and the Constitution." Xinis's order was handed down just three minutes before the judge in Nashville — U.S. District Judge Waverly Crenshaw — issued a separate order on Wednesday, saying that Abrego should be released from criminal custody pending a trial date in January. Judge Crenshaw said in his order that the government failed to provide "any evidence that there is something in Abrego's history at warrants detention." The plans, which Xinis ascertained over the course of a multi-day evidentiary hearing earlier this month, capped an exhausting, 19-week legal saga in the case of Abrego Garcia that spanned two continents, multiple federal courts, including the Supreme Court, and inspired countless hours of news coverage. Still, it ultimately yielded little in the way of new answers, and Xinis likened the process to "nailing Jell-O to a wall," and "beating a frustrated and dead horse," among other things. "We operate as government of laws," she scolded lawyers for the Trump administration in one of many terse exchanges. "We don't operate as a government of 'take my word for it.'" Xinis had repeatedly floated the notion of a temporary restraining order, or TRO, to ensure certain safeguards were in place to keep Abrego Garcia in ICE custody, and appeared to agree with his attorneys that such an order is likely needed to prevent their client from being removed again, without access to counsel or without a chance to appeal his country of removal. "I'm just trying to understand what you're trying to do," Xinis said on more than one occasion, growing visibly frustrated. "I'm deeply concerned that if there's no restraint on you, Abrego will be on another plane to another country," she told the Justice Department, noting pointedly that "that's what you've done in other cases." Those concerns were echoed by Abrego Garcia's attorneys in court last week. They noted the times the Trump administration has appeared to have undercut or misrepresented its position before the court in months past, as Xinis attempted to ascertain the status of Abrego Garcia in El Salvador, and what efforts, if any, the Trump administration was making to comply with a court order to facilitate his return. The Trump administration, who reiterated that the case is no longer in her jurisdiction, will almost certainly move to immediately appeal the restraining order to a higher court. The order followed an extraordinary, multi-day evidentiary hearing in Greenbelt, Maryland, where Xinis sparred with Trump administration officials as she attempted to make sense of their remarks and ascertain their next steps as they look to deport Abrego Garcia to a third country as early as Wednesday, July 16. She said she planned to issue the order before that court date, when Abrego could possibly be released by U.S. Magistrate Judge Waverly Crenshaw. Lawyers for Abrego Garcia, meanwhile, asked the court for more time in ICE custody, citing the many countries he might suffer persecution in — and concerns about what legal status he would have in the third country of removal. Without legal status in Mexico, Xinis said, it would likely be a "quick road" to being deported by the country's government to El Salvador, in violation of the withholding of removal order. And in South Sudan, another country DHS is apparently considering, lawyers for Abrego noted the State Department currently has a Level 4 advisory in place discouraging U.S. travel due to violence and armed conflict. Americans who do travel there should "draft a will" beforehand and designate insurance beneficiaries, according to official guidance on the site. In court, Xinis struggled at times to keep her own frustration and her incredulity at bay after months of back-and-forth with Justice Department attorneys. Xinis has presided over Abrego Garcia's civil case since March, when he was deported to El Salvador in violation of an existing court order in what Trump administration officials described as an "administrative error." She spent hours pressing Justice Department officials, over the course of three separate hearings, for details on the government's plans for removing Abrego Garcia to a third country — a process she likened to "trying to nail Jell-O to a wall." Xinis on Friday chastised the Justice Department for presenting a DHS witness to testify under oath about ICE's plans to deport Abrego Gaarcia one day earlier, fuming that the official, Thomas Giles, "knew nothing" about his case, and made no effort to ascertain answers — despite his rank as ICE's third-highest enforcement official. The four hours of testimony he provided was "fairly stunning," and "insulting to her intelligence," Xinis said. Ultimately, the court would not allow the "unfettered release" of Abrego Garcia pending release from federal custody on Wednesday in Tennessee without "full-throated assurances" from the Trump administration that it will keep Abrego Garcia in ICE custody for a set period of time and locally, Xinis said, to ensure immigration officials do not "spirit him away to Nome, Alaska." The Justice Department, after a short recess, declined to agree, prompting Xinis to proceed with her plans for the TRO. Xinis told the court that ultimately, "much delta" remains between where they ended things in court, and what she is comfortable with, given the government's actions in the past. This was apparent on multiple occasions Friday, when Xinis told lawyers for the Trump administration that she "isn't buying" their arguments or doesn't "have faith" in the statements they made — reflecting an erosion of trust that could prove damaging in the longer-term. The hearings this week capped months of back-and-forth between Xinis and the Trump administration, as she tried, over the course of 17 weeks, to track the status of a single migrant deported erroneously by the Trump administration to El Salvador—and to trace what attempts, if any, they had made facilitate his return to the U.S. Xinis previously took aim at what she deemed to be the lack of information submitted to the court as part of an expedited discovery process she ordered this year, describing the government's submissions as "vague, evasive and incomplete"— and which she said demonstrated "willful and bad faith refusal to comply with discovery obligations." On Friday, she echoed this view. "You have taken the presumption of regularity and you've destroyed it, in my view," Xinis said.

Judge orders Kilmar Abrego Garcia released from criminal custody, second judge bars ICE from immediately detaining him
Judge orders Kilmar Abrego Garcia released from criminal custody, second judge bars ICE from immediately detaining him

CBS News

time26 minutes ago

  • CBS News

Judge orders Kilmar Abrego Garcia released from criminal custody, second judge bars ICE from immediately detaining him

Washington — A federal judge on Wednesday barred federal immigration authorities from immediately taking Kilmar Abrego Garcia into custody once he is released from criminal confinement in Tennessee and ordered the Trump administration to provide him 72 hours' notice if it plans to initiate proceedings to remove him to a country that is not his place of origin. The order from U.S. District Judge Paula Xinis was issued as a federal judge in Tennessee, who is presiding over Abrego Garcia's criminal case, ruled that the Salvadoran national should be released from the custody of federal law enforcement under conditions that will be set by a magistrate judge. The Tennessee judge, Waverly Crenshaw, denied the Justice Department's request to revoke the magistrate judge's order allowing Abrego Garcia to be released while awaiting a criminal trial, writing that the government "failed to carry its burden of showing that no condition or combination of conditions will reasonably assure Abrego's appearance or the safety of others." Abrego Garcia was charged with two criminal counts of human smuggling last month and has pleaded not guilty. While the magistrate judge said he should be released from the custody of U.S. Marshals ahead of a trial, set to begin in January, the order raised questions about whether Abrego Garcia would then be swiftly detained by federal immigration authorities and deported. In addition to blocking Trump administration officials from taking Abrego Garcia into custody after he is released in Tennessee, Xinis ordered the Department of Homeland Security to restore an order of supervision by U.S. Immigration and Customs Enforcement to its Baltimore field office and that Abrego Garcia should be returned to Maryland, where he lives with his family. This is a developing story and will be updated

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store