Alligator Alcatraz – Pictured: Alligator Sunbathing — Courtesy: Shutterstock – Image by Cristian Cardozo Ph
Miami (AP) — On Thursday, a federal judge halted construction at the “Alligator Alcatraz” immigration detention facility in the Florida Everglades for two weeks as she assesses whether it breaches environmental regulations.
Up to 3,000 detainees can be housed in temporary tent structures at the facility, which was hastily constructed two months ago at a seldom utilized, single-runway training airport. The land was still being developed, but U.S. District Judge Kathleen Williams’ injunction temporarily prohibits any additional industrial-style lighting, paving, filling, excavation, or fencing. Additionally, the order forbids the construction of any more buildings, tents, dorms, or other administrative or residential facilities on the property.
Law enforcement and immigration enforcement operations at Alligator Alcatraz, which is now housing hundreds of inmates, are unrestricted by the order. During a hearing, Williams granted the temporary restraining order, and later on Thursday, he issued a written order.
The Miccosukee Tribe and environmental organizations have requested that Williams provide a preliminary injunction to stop operations and additional development. According to the lawsuit, the project will undo billions of dollars’ worth of environmental repair and endanger ecologically delicate wetlands that are home to endangered flora and animals.
Eve Samples, executive director at Friends of the Everglades, said, “We are happy that the judge recognized the urgent need to halt further construction, and we look forward to advancing our ultimate goal of protecting the unique and endangered Everglades ecosystem from further damage caused by this mass detention facility.”
Despite criticizing the decision, a representative for Republican Governor Ron DeSantis stated that it “will have no impact on immigration enforcement in Florida.”
Spokesman Alex Lanfranconi said in a statement that “Alligator Alcatraz will continue to operate, continuing to serve as a force multiplier to enhance deportation efforts.”
Since the case’s arguments are still unresolved, the order is only temporary.
In favor of the injunction, plaintiffs called witnesses on Wednesday and Thursday, and next week, state and federal attorneys were to testify.
After the evidence on Thursday, environmental groups’ lawyer Paul Schwiep requested that Williams provide a temporary restraining order that would, at the very least, stop any new work at the site while the preliminary injunction was being debated.
In order to avoid issuing the restraining order, Williams asked Florida lawyer Jesse Panuccio if the state would consent to suspend construction. She noted that regardless of the final outcome of the dispute, anything constructed at the location would probably stay there forever.
Panuccio stated that he was unable to ensure that the state would halt all work.
The temporary restraining order, which will remain in effect for the next two weeks while the preliminary injunction hearing is still ongoing, was the subject of an hour-long hearing. While preliminary injunctions are typically granted following a lengthy hearing and remain in effect until the case is ultimately resolved, temporary restraining orders are intended to preserve the status quo during a legal fight for a brief amount of time.
Federal vs. state control of the site is at the heart of the legal battle.
The plaintiffs’ main contention is that the detention center is in violation of the National Environmental Policy Act, which mandates that federal agencies evaluate the environmental impact of large-scale constructions.
During the hearing, Panuccio stated that even though the detention center would house federal inmates, the NEPA assessment would not be applicable because the state of Florida would be solely responsible for the facility’s construction and operation.
According to Schwiep, the facility’s primary duty is immigration enforcement, which is solely a federal responsibility. He claimed that if it weren’t for the federal government’s need for a place to house inmates, the facility wouldn’t exist.
Williams stated on Thursday that the detention center was, at the very least, a collaboration between the federal and state governments.
At least 20 acres (8 hectares) of asphalt have been added to the site since the Florida Department of Emergency Management started construction, according to Christopher McVoy, a soil physicist, hydrologist, and wetlands ecologist who testified for the plaintiffs on Thursday. His testimony was based on a tour he took of the facility in June, just days before it opened, and later aerial photos of the site. The airport, which had only a few small buildings before, now has tents, trailers, and other heavy equipment.
According to testimony from Dillon Reio, a registered professional geologist, the new paving may increase water flow to nearby wetlands and disperse dangerous chemicals into the Everglades.
A second lawsuit claims that the rights of detainees have been violated.
The South Florida detention facility, which was constructed by the state of Florida over a month ago on a remote Miami-Dade County runway, is facing two court challenges, including the Miami case against federal and state officials.
Detainees’ constitutional rights are allegedly being violated by a federal immigration court canceling bond hearings, preventing them from consulting with attorneys, and holding them without charges, according to a second lawsuit filed by civil rights organizations. August 18 is the date of the hearing in that case.
The state of Florida said in a court filing in the civil rights lawsuit on Thursday that, despite some initial delays brought on by logistical difficulties in having private contractors build infrastructure and install equipment, detainees have been permitted to meet with their attorneys for three weeks at the detention center, which opened on July 3. According to the state, every request for a detainee to see an attorney since July 15 has been approved.
The petition states that “there have been no complaints and more meetings are taking place every day.”
Although the state is given power over the detainees under an intergovernmental arrangement with federal agencies, the court brief stated that the state of Florida constructs, maintains, and operates the detention center “without involvement of the federal government.”
According to the environmental groups and the tribe, federal agencies were required by the 55-year-old federal environmental law to consider the environmental impact of the construction of Alligator Alcatraz, find ways to reduce the impact, and follow other procedural rules like allowing public comment.
The lawsuit claimed that since federal authorities have jurisdiction over immigration, it doesn’t matter that the detention facility was constructed by the state of Florida.
Last week, attorneys for state and federal agencies requested that Williams either transfer or reject the injunction request, arguing that the complaint was filed in the incorrect jurisdiction. They claimed that although Miami-Dade County owns the land, the action should be filed in Florida’s southern district because the detention facility is situated in nearby Collier County, which is in the middle district of the state.
On that issue, Williams had not yet rendered a decision.
At the time of the lawsuits, the DeSantis administration was reportedly getting ready to construct a second immigration detention facility at a Florida National Guard training facility in north Florida. For what is known as the “North Detention Facility” in state documents, at least one contract has been awarded.
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Melissa’s career in writing started more than 20 years ago. Today, she lives in South Florida with her husband and two boys.
