Federal Judge Halts Construction of Controversial Immigration Detention Center in Florida Everglades over Environmental Concerns

A federal judge has issued a temporary injunction halting construction at an immigration detention center, nicknamed “Alligator Alcatraz,” located within the Florida Everglades. The ruling comes amid ongoing legal disputes over potential environmental law violations.

The judge’s decision allows the facility to continue operating and housing detainees for US Immigration and Customs Enforcement (ICE), but work on additional filling, paving, or infrastructure will be suspended for the next 14 days. A written order detailing the ruling is expected later today.

Environmental groups and the Miccosukee Tribe are seeking a preliminary injunction to halt operations and construction at the site, arguing that the project threatens sensitive wetlands harboring protected plants and animals, and could undo billions of dollars’ worth of environmental restoration efforts.

Testimony from plaintiff witnesses was presented on Wednesday and Thursday in support of the injunction. Responding attorneys for state and federal governments were scheduled to present their case next week.

Following the testimony on Thursday, attorneys for the environmental groups requested a temporary restraining order to halt construction during the preliminary injunction hearing. The judge asked if the state would agree to this suspension to avoid issuing the restraining order, noting that any constructed facilities at the site would likely remain permanent regardless of the court’s final decision.

The state attorney could not guarantee a complete work stoppage. This led to an hour-long hearing on the temporary restraining order, which will be in effect for the next two weeks while the preliminary injunction hearing continues.

At the crux of the plaintiffs’ argument is that the detention facility violates the National Environmental Policy Act (NEPA), which requires federal agencies to assess the environmental impacts of major construction projects.

During the hearing, it was contended that although the detention center’s operation is under state control, its construction and subsequent use for federal detainees necessitate NEPA review. The state argued that the NEPA review would not apply since the construction and operation are entirely under Florida’s jurisdiction.

The lawsuit in Miami against federal and state authorities is one of two legal challenges to the South Florida detention center, which was constructed over 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, alleges that detainees’ constitutional rights are being violated due to restrictions on meeting lawyers, uncharged detention, and canceled bond hearings at a federal immigration court. A hearing in this case is scheduled for August 18.

Under the 55-year-old NEPA, federal agencies should have examined the environmental impact of the detention center’s construction. They should have identified ways to minimize harm and followed other procedural rules, such as allowing public comment, according to the environmental groups and the tribe.

Regardless of the detention center being constructed by the state of Florida, the suit claims that federal agencies still have authority over immigration matters, making them responsible for addressing any potential NEPA violations.

Attorneys for federal and state agencies last week requested the judge to dismiss or transfer the injunction request, arguing that the lawsuit was filed in an incorrect jurisdiction. Although the property is owned by Miami-Dade County, they contend that Florida’s southern district is not the appropriate venue for the lawsuit as the detention center is located in neighboring Collier County, which falls under the state’s middle district.

The judge has yet to rule on this argument. The lawsuits are currently being heard as it appears the Florida Republican governor’s administration may be preparing to construct 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 referred to in state records as the “North Detention Facility.”

This story will be updated as more information becomes available.