Federal Judge Weighs Environmental Impact of Proposed Immigrant Detention Center in Florida Everglades Known as ‘Alligator Alcatraz’

A federal judge will hear closing arguments on Wednesday concerning a potential permanent halt to construction at an immigrant detention facility in Florida’s Everglades, dubbed “Alligator Alcatraz.” The hearing is aimed at determining if the facility violates environmental laws.

On Thursday, Judge Kathleen Williams issued a two-week temporary injunction halting new construction as witnesses testified during the hearing to determine whether construction should cease until the case’s resolution. The order does not restrict law enforcement or immigration activities at the center, which currently houses hundreds of detainees.

The detention center, quickly built two months ago at a little-used training airport, has the potential to house up to 3,000 detainees in temporary tent structures. However, the order temporarily prohibits the installation of new industrial-style lighting and any paving, filling, excavating, fencing, or construction of additional buildings, tents, dormitories, or residential or administrative facilities.

Environmental groups and the Miccosukee Tribe are urging Williams to issue a preliminary injunction to halt operations and further construction. They argue that these actions threaten environmentally sensitive wetlands that serve as habitat for protected plants and animals and could undo billions of dollars’ worth of environmental restoration efforts.

During the hearing, witnesses testified that the facility violates the National Environmental Policy Act, which requires federal agencies to evaluate the environmental impact of major construction projects.

Attorneys for state and federal governments argue that although the detention center houses federal detainees, the construction and operation are under the jurisdiction of Florida, making federal environmental review inapplicable. However, Judge Williams previously stated that the detention facility is at least a joint partnership between the state and federal government.

Witnesses for environmental groups have testified about the addition of at least 20 acres of asphalt to the site since construction began by the Florida Division of Emergency Management. Additional paving could lead to increased water runoff into adjacent wetlands, spread harmful chemicals into the Everglades, and reduce habitat for endangered Florida panthers, they claim.

Amy Castaneda, the Miccosukee Tribe’s water resource director, testified that nutrient runoff from the detention center could affect vegetation growth on tribal lands, potentially leading to fish kills and hindering movement for humans and wildlife in certain areas. Marcel Bozas, director of the Miccosukee Tribe’s fish and wildlife department, stated that tribe members rely on hunting and fishing for subsistence and cultural purposes. Sustained human activity could drive away game animals and protected species like Florida panthers, wood storks, eastern black rails, and bonneted bats, he said.

David Kerner, director of the Department of Highway Safety and Motor Vehicles, testified that the 1,800 state troopers under his command are authorized to detain undocumented migrants under an agreement with the US Department of Homeland Security. He explained that the federal government does not dictate where immigrants should be detained, and that the Everglades facility was built to alleviate overcrowding at federal immigration detention facilities as well as state and county facilities with agreements to hold federal immigration detainees.

Kerner could not provide information about the number of “Alligator Alcatraz” detainees charged with violent crimes or potential alternative sites considered for possible detention centers. Attorneys for federal and state agencies previously requested Williams to dismiss or transfer the injunction request, arguing that the lawsuit was filed in an incorrect jurisdiction because the property is owned by Miami-Dade County, but the hearing on this matter has yet to take place.

In a separate legal challenge, a federal judge over the weekend granted more time for the state to prepare arguments against an attempt to certify the civil rights litigation as a class action. The judge will only consider a motion by detainees’ lawyers for a preliminary injunction during an August 18 hearing, and a September 23 deadline has been set for the state’s response to the detainees’ class action request.

The second lawsuit alleges that detainees’ constitutional rights are being violated because they are barred from meeting lawyers, held without charges, and federal immigration court has canceled bond hearings. The lawsuits are being addressed as DeSantis’ administration reportedly prepares 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.”