Environmental Groups Urge Court to Close Controversial Florida Detention Center
In a legal battle that has captured attention across Florida, environmental organizations are pressing a federal appellate court to lift its temporary suspension of a lower court’s order. This order called for the closure of a contentious immigration detention center located within the Florida Everglades, referred to as “Alligator Alcatraz.”
The detention facility, which has remained operational, continues to house detainees. The appellate court’s decision to maintain its operation was influenced by arguments from both Florida state and the former Trump administration. They contended that the state had not yet applied for federal reimbursement, thus exempting it from federal environmental law compliance. The center was originally established last summer as part of President Donald Trump’s immigration policy initiatives.
During recent oral proceedings in a Miami courtroom, the focus of the three-judge appellate panel was on the extent of federal oversight over the state-operated facility and the conditions under which an environmental review might be mandated. The panel has yet to issue a ruling.
Jesse Panuccio, representing the Florida Department of Emergency Management, asserted that federal funding and control are critical factors in determining the applicability of federal environmental laws, noting, “Even with funding, I don’t think that would follow because they don’t have federal control.”
In late September, FEMA granted $608 million in federal funding to aid the construction and operation of the facility.
On the other side, Paul Schwiep, an attorney for the environmental groups, argued that federal law mandates an environmental review because the Department of Homeland Security had sanctioned the funding, emphasizing that immigration is inherently a federal responsibility. Schwiep stated, “What is different about this property is that immigration is constitutionally a federal function. The state has no role.”
The initial ruling by a federal judge in Miami had ordered a gradual closure of the facility over two months, citing non-compliance with federal environmental review requirements. However, this ruling was paused by the appellate court following an appeal.
This environmental lawsuit is among three federal court challenges related to the Everglades facility since its inception. Another case involved a detainee challenging the authority of Florida agencies and their contractors to operate under federal law, which concluded after the detainee agreed to leave the United States.
In a separate lawsuit, a federal judge in Fort Myers mandated that the facility must improve detainees’ access to legal counsel, ensuring confidential, unmonitored, and unrecorded communication.
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