Judge orders temporary halt to construction at Florida's 'Alligator
Alcatraz' detention center
[August 08, 2025]
By DAVID FISCHER
MIAMI (AP) — A federal judge on Thursday ordered a two-week halt to
construction at an immigrant detention center in the Florida Everglades
dubbed “Alligator Alcatraz” as she considers whether it violates
environmental laws.
The facility was quickly built two months ago at a lightly used,
single-runway training airport and can hold up to 3,000 detainees in
temporary tent structures. The site was continuing to be built out, but
the order by U.S. District Judge Kathleen Williams temporarily bars the
installation of any new industrial-style lighting, as well as any
paving, filling, excavating or fencing. The order also prohibits any
other site expansion, including placing or erecting any additional
buildings, tents, dormitories or other residential or administrative
facilities.
The order doesn’t include any restrictions on law enforcement or
immigration enforcement activity at the center, which is currently
holding hundreds of detainees. Williams issued the temporary restraining
order during a hearing and then followed up with a written order later
Thursday.
Environmental groups and the Miccosukee Tribe have asked Williams to
issue a preliminary injunction to halt operations and further
construction. The suit argues that the project threatens environmentally
sensitive wetlands that are home to protected plants and animals and
would reverse billions of dollars’ worth of environmental restoration.
“We’re pleased that the judge saw the urgent need to put a pause on
additional construction, and we look forward to advancing our ultimate
goal of protecting the unique and imperiled Everglades ecosystem from
further damage caused by this mass detention facility,” said Eve
Samples, executive director at Friends of the Everglades.
A spokesperson for Republican Gov. Ron DeSantis decried the ruling but
said it “will have no impact on immigration enforcement in Florida.”
“Alligator Alcatraz will remain operational, continuing to serve as a
force multiplier to enhance deportation efforts,” spokesperson Alex
Lanfranconi said in a statement.
The order is temporary, since arguments in the case are still pending
Plaintiffs presented witnesses Wednesday and Thursday in support of the
injunction, while attorneys for the state and federal government were
scheduled to present next week.
Following Thursday’s testimony, Paul Schwiep, an attorney for the
environmental groups, asked Williams to issue a temporary restraining
order that would at least prevent any new construction at the site while
the preliminary injunction was argued.
Williams asked Florida attorney Jesse Panuccio if the state would agree
to halt construction so that she wouldn’t need to issue the restraining
order. She pointed out that anything built at the site would likely
remain there permanently, regardless of how the case was ultimately
decided.
Panuccio said he couldn’t guarantee that the state would stop all work.
This sparked an hour-long hearing about the temporary restraining order,
which will be in place for the next two weeks while the ongoing
preliminary injunction hearing continues. Temporary restraining orders
are meant to maintain the status quo during a legal dispute for a short
period of time, while preliminary injunctions are generally issued after
a longer hearing and last until the final resolution of the case.
The legal fight centers on federal vs. state control of the site
The crux of the plaintiffs’ argument is that the detention facility
violates the National Environmental Policy Act, which requires federal
agencies to assess the environmental effects of major construction
projects.
Panuccio said during the hearing 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 NEPA
review wouldn’t apply.
[to top of second column]
|
Schwiep said the purpose of the facility is for immigration enforcement,
which is exclusively a federal function. He said the facility wouldn’t
exist if it wasn’t for the federal government’s desire for a facility to
hold detainees.
Williams said Thursday that the detention facility was, at a minimum, a
joint partnership between the state and federal government.
Christopher McVoy, a soil physicist, hydrologist and wetlands ecologist,
testified for the plaintiffs on Thursday that at least 20 acres (8
hectares) of asphalt have been added to the site since the Florida
Department of Emergency Management began construction, based on a tour
that he took of the facility in June, just days before it opened, and
subsequent arial photos of the site. Tents, trailers and other heavy
equipment have also been moved to the airport, which previously had just
a few small structures.
Dillon Reio, a licensed professional geologist, testified that the new
paving could lead to an increase in water runoff to the adjacent
wetlands and spread harmful chemicals into the Everglades.
A second lawsuit alleges violations of detainees’ rights
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.
In a court filing in the civil rights lawsuit on Thursday, the state of
Florida said that detainees have been allowed to meet with their lawyers
for three weeks at the detention center, which opened July 3, despite
some initial delays due to logistical challenges in having private
contractors build infrastructure and install equipment. Since July 15,
the state has granted every request for a detainee to meet with an
attorney, it said.
“More meetings are taking place every day and there have been no
complaints,” according to the filing.
Construction, maintenance and operation of the detention center are done
by the state of Florida, “without involvement of the federal
government,” though the state is granted authority over the detainees
through an intergovernmental agreement with federal agencies, the court
filing said.
Under the 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 was built by the state
of Florida, since federal agencies have authority over immigration, the
lawsuit said.
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 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.”
All contents © copyright 2025 Associated Press. All rights reserved |
