Judge to hear arguments on halting ‘Alligator Alcatraz' construction over environmental concerns
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A federal judge is set to hear closing arguments Wednesday over whether to stop construction indefinitely at an immigrant detention center in the Florida Everglades dubbed 'Alligator Alcatraz' as she considers whether it violates environmental laws.
US District Judge Kathleen Williams ordered a two-week halt on new construction last Thursday as witnesses continued to testify in a hearing to determine whether construction should end until the ultimate resolution of the case.
The temporary order doesn't include any restrictions on law enforcement or immigration enforcement activity at the center, which is currently holding hundreds of detainees. The center, which was quickly built two months ago at a lightly used, single-runway training airport, is designed to eventually hold up to 3,000 detainees in temporary tent structures.
The order temporarily barred the installation of any new industrial-style lighting, as well as any paving, filling, excavating, fencing or erecting additional buildings, tents, dormitories or other residential or administrative facilities.
Environmental groups and the Miccosukee Tribe want Williams to issue a preliminary injunction to halt operations and further construction, which they say threatens environmentally sensitive wetlands that are home to protected plants and animals and would reverse billions of dollars' worth of environmental restoration.
Plaintiffs presented witnesses who testified that the facility violates the National Environmental Policy Act, which requires federal agencies to assess the environmental effects of major construction projects.
Attorneys for the state and federal government have said that although the detention center would be holding federal detainees, the construction and operation of the facility is entirely under the state of Florida, meaning the federal environmental review wouldn't apply. The judge last week said the detention facility was, at a minimum, a joint partnership between the state and federal government.
Witnesses for the environmental groups have testified that at least 20 acres of asphalt have been added to the site since the Florida Division of Emergency Management began construction.
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, they said.
Amy Castaneda, the Miccosukee Tribe's water resource director, testified Tuesday that nutrient runoff from the detention center could flow into tribal lands, changing vegetation growth. That could lead to fish kills and block humans and wildlife from moving throughout certain areas, she said.
Marcel Bozas, director of the Miccosukee Tribe's fish and wildlife department, said tribe members hunt and fish for subsistence and cultural reasons. Sustained human activity can drive away game animals, like whitetail deer, as well as protected species, like Florida panthers, wood storks, eastern black rails and bonneted bats, he said.
Department of Highway Safety and Motor Vehicles executive director David Kerner testified that the 1,800 state troopers under his command are authorized to detain undocumented migrants under an agreement with the US Department of Homeland Security.
He said the federal government doesn't tell the state where to detain immigrants, and that the Everglades facility was built to alleviate overcrowding at federal immigration detention facilities, as well as state and county facilities with agreements to hold federal immigration detainees.
Kerner couldn't say how many of the 'Alligator Alcatraz' detainees have been charged with violent crimes or whether any other sites besides the middle of the Everglades were considered for possible detention centers.
Attorneys for federal and state agencies last month 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 because the detention center is in neighboring Collier County, which is in the state's middle district, they said.
Williams had yet to rule on that argument.
In a second legal challenge to 'Alligator Alcatraz,' a federal judge over the weekend gave the state more time to prepare arguments against an effort to get the civil rights litigation certified as a class action.
US District Judge Rodolfo Ruiz in Miami said he will only consider a motion by detainees' lawyers for a preliminary injunction during an August 18 hearing. He set a September 23 deadline for the state to respond to the detainee's class action request.
The 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.
The lawsuits were being heard as 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 is labeled in state records as the 'North Detention Facility.'
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Boston Globe
10 hours ago
- Boston Globe
Environmental concerns could halt construction at Florida's ‘Alligator Alcatraz'
President Advertisement 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. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up '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. Advertisement 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 floors flood 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. Governor 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 that 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 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. Advertisement 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 lifeblood of their community, their history and their identity,' Ajizian said during the hearing's closing. The lawsuit was being heard as DeSantis′ administration was 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.
Miami Herald
11 hours ago
- Miami Herald
Judge to rule within a week on whether to temporarily shutter Alligator Alcatraz
The fate of Alligator Alcatraz is now in the hands of a Miami federal judge who over the last four months sanctioned Florida's Republican attorney general and blocked police from enforcing a new state immigration law. U.S. District Judge Kathleen Williams said Wednesday following days of testimony about the environmental impacts of the Everglades immigration detention camp that she plans to rule no later than Aug. 21 on a request to temporarily shut it down. Were she to side with the plaintiffs, it would be a significant blow to the Trump and DeSantis administrations, which have touted the hastily constructed detention center as a successful new tool in the president's mass-deportation campaign. Williams, an Obama appointee, is presiding over a lawsuit filed by Friends of the Everglades, the Center for Biological Diversity, Earthjustice and the Miccosukee Tribe alleging the federal government and the state dodged federal environmental regulations. They say the DeSantis and Trump administrations ignored the National Environmental Policy Act, which requires environmental review for any 'major' federal action. Williams has already given the plaintiffs a small victory in the case. As part of unexpectedly long multiple-day proceedings, Williams last week placed a restraining order on construction at the site until Aug. 21. She said Wednesday that she would issue her ruling on the proposed temporary injunction halting Alligator Alcatraz operations within that timeframe. An injunction would hold until a verdict is reached in the case, unless a government appeal on the ruling is successful. State lawyers said during the hearing they plan to appeal immediately if Williams issues an injunction. In order for an injunction to go into place, the environmental groups and the Miccosukee Tribe have to prove there will be 'irreparable harm' done to the environment around the site, plus a high likelihood that they will win the case. They also have to prove that damages to the ecosystem will outweigh any harm done to the government if the facility is shut down. Lawyers from the Trump and DeSantis administrations have dismissed concerns about environmental damages. But they have also argued jurisdictional issues, saying NEPA doesn't apply to Alligator Alcatraz because it is state-run and state-funded. 'A local plan does not become a major federal action upon federal approval,' said state lawyer Jesse Panuccio, citing case law. The question of who runs the site — since immigration enforcement is a federal power — has hovered over the environmental lawsuit and puzzled immigration lawyers attempting to get access to their clients – the subject of another ongoing suit playing out in a courtroom across the hall from Williams' chamber. The government lawyers in both cases have argued that the state's various federal agreements affording law enforcement immigration-enforcement powers give the state the authority to manage the site — though the Florida Division of Emergency Management, tasked with running it, does not have such an agreement. The federal 287(g) program underpinning those agreements initiates a partnership, federal lawyers argued in the environmental case, but it doesn't cede state control of its own facilities to the federal government. The state had full control over planning and executing the facility, and as now it has full control over managing it, state lawyers added. Lawyers for the environmental advocacy groups and the Miccosukee have pointed out that 287(g) agreements authorize local and state law enforcement officers to operate 'under the color of federal authority,' with the supervision of the U.S. Attorney General and Immigration and Customs Enforcement approval. They argue that makes Alligator Alcatraz a federal facility. 'The buck has to stop with ICE,' said Paul Schwiep, a lawyer representing the environmental groups in the case. Williams also questioned federal and state lawyers about what level of harm it would do to close Alligator Alcatraz in particular. She agreed an additional immigration detention center relieves overcrowding at other facilities in Florida, but she pushed for answers on why a new facility had to be built in the midst of Big Cypress National Preserve, asking if the governments involved had considered any other options. The federal and state lawyers said the remoteness of the facility was a factor, but Williams pointed out that other detention centers were within the bounds of cities. 'Why there?' Williams asked.
CBS News
11 hours ago
- CBS News
Judge delays ruling on "Alligator Alcatraz" as environmental groups push for shutdown
The fate of "Alligator Alcatraz," a controversial immigrant detention center deep in the Florida Everglades, remains uncertain after a federal judge said Wednesday she needs more time to decide whether the facility should be shut down for good. Environmentalists and the Miccosukee Tribe are urging U.S. District Judge Kathleen Williams to issue a preliminary injunction halting operations and construction at the site, arguing it threatens sensitive wetlands and endangered wildlife. But Williams said she will not rule until the end of a temporary construction freeze, which expires Aug. 21. Attorneys for the federal government and the state of Florida have not commented publicly since the proceedings began four days ago. Construction of the makeshift immigrant detention center could be halted indefinitely as the court considers whether the hasty development on protected wetlands violates federal environmental laws. Last week, Williams ordered a two-week pause on additional construction while witnesses testify. The temporary order does not include any restrictions on law enforcement or immigration enforcement activity at the site. The first phase of "Alligator Alcatraz" opened in July atop a lightly used, single-runway training airport. Fewer than 1,000 detainees were being held there as of last week, but the facility is designed to eventually hold up to 3,000. 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. 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. The detention center has an estimated annual cost of $450 million, according to a public database. Gov. Ron DeSantis has said the remote Everglades location was intended as a deterrent to escape, much like the island prison in California that inspired its nickname. Williams last week said the detention facility was, at a minimum, a joint partnership between the state and federal government. Plaintiffs presented witnesses Wednesday and Thursday who testified that the facility violates the National Environmental Policy Act, which requires federal agencies to assess the environmental effects of major construction projects. Environmental groups and the Miccosukee Tribe say the project threatens environmentally sensitive wetlands that are home to protected plants and animals, undermining billions of dollars in Everglades restoration efforts. Attorneys for the state and federal governments argue that although the facility holds federal detainees, its construction and operation are entirely under the state of Florida, meaning federal environmental review requirements do not apply. They also asked the court to dismiss or transfer the injunction request, claiming the lawsuit was filed in the wrong jurisdiction. Williams has not ruled on that request. Witnesses for the plaintiffs testified that at least 20 acres of asphalt have been added to the site since the Florida Division of Emergency Management began construction. They warned that additional paving could increase water runoff into nearby wetlands, spread harmful chemicals into the Everglades, and reduce habitat for endangered Florida panthers. Marcel Bozas, director of the Miccosukee Tribe's fish and wildlife department, said tribe members rely on hunting and fishing for subsistence and cultural practices. He warned that sustained human activity could drive away game animals and protected species. David Kerner, head of the Florida Department of Highway Safety and Motor Vehicles, testified that Washington does not dictate where Florida detains immigrants. He said the Everglades facility was built to ease overcrowding at other detention centers. Kerner couldn't say how many of the "Alligator Alcatraz" detainees have been charged with violent crimes or whether any other sites besides the middle of the Everglades were considered for possible detention centers. The detention center is also the target of a separate lawsuit. Over the weekend, a federal judge gave the state until late September to respond to a request for class-action status in civil rights litigation. That lawsuit alleges constitutional violations, claiming detainees are barred from meeting lawyers, are being held without charges, and have had bond hearings canceled by a federal immigration court. The legal battles come as DeSantis' administration appears to be moving forward with plans for a second immigration detention center at a Florida National Guard training site in north Florida.
