The U.S. District Court for the Southern District of Florida on Aug. 21 ordered the federal government to refrain from sending additional detainees to the detention center known as “Alligator Alcatraz” and to begin transferring detainees to other facilities within 60 days.
The court further ordered that once all detainees are transferred, the facility must be dismantled, including the removal of all fencing, lighting, and generators. The court sided with tribal and environmental groups, finding that federal officials violated the National Environmental Policy Act (NEPA), requiring the government to issue an Environmental Impact Statement (EIA) or to conduct an Environmental Assessment (EA).
The government argued in opposition that a review under NEPA was not required because the facility is run by the state. However, the court held that the government’s decision not to issue an EIA or an EA prior to the facility’s construction constituted a final agency action. In addition, the court reasoned the project was a “major federal action” under NEPA because “the project was requested by the federal government; built with a promise of full federal funding; constructed in compliance with ICE standards; staffed by deputized ICE Task Force Officers acting under color of federal authority and at the direction and supervision of ICE officials; and exists for the sole purpose of detaining and deporting those subject to federal immigration enforcement.”
Moreover, the court further held that the U.S. government did not consult the Miccosukee Tribe ahead of the facility’s construction, as required for federal projects on historic sites, including on or near tribal land. In particular, the court found that the “project creates irreparable harm in the form of habitat loss and increased mortality to endangered species in the area.”
‘Alligator Alcatraz’ was built two months ago at a single-runway training airport in the middle of the Everglades, and more than $245 million was spent to build and operate the facility, which officially opened on July 1. A lawsuit was filed in late June by two environmental groups and then joined by the Miccosukee Tribe, whose village sits only a few miles from the facility.
On August 7, the court issued a temporary restraining order to pause construction of the facility pending argument on the underlying preliminary injunction action (as previously reported by ELM here). After Thursday’s ruling, attorneys for the government filed a motion on August 26 in the 11th U.S. Circuit Court of Appeals, requesting a stay of the preliminary injunction. In addition, the government asked the U.S. District Court to put its order on hold pending the appeal, arguing the facility’s thousands of beds are needed because of overcrowding in other Florida detention facilities.
In opposition, the environmental groups and Miccosukee Tribe dispute the facility is needed considering Florida’s future plans to open a second immigration detention facility in northern Florida. On August 27, the U.S. District Court denied the motion to stay the order pending the appeal.
In the meantime, Kevin Guthrie, executive director of the Florida Department of Emergency Management which operates the facility on behalf of the federal government, confirmed that, at least for the time being, the facility would soon be shuttered, with the number of detainees going down to zero within the next few days.
