Federal Judge Halts Operations at ‘Alligator Alcatraz’

By Mitch Perry, Florida Phoenix

A federal judge has ordered that no more immigrant detainees be sent to the state’s immigration detention facility in the Florida Everglades and known as “Alligator Alcatraz.” The judge also called upon the government to begin dismantling much of the facility.

U.S. District Judge Kathleen Williams of the Southern District of Florida gave both the state and federal government 60 days to move out existing detainees and to begin removing temporary fencing, lightning features, and generators, gas, sewage and other waste and receptacles installed to support the project.

In her 82-page decision, Judge Williams cited extensive harm to the Everglades caused by operation of the facility, which was built in eight days.

The state of Florida filed a notice of appeal with the U.S. Court of Appeal for the Eleventh Circuit immediately after the order was released.

Two environmental groups — Friends of the Everglades and the Center for Biological Diversity — filed a lawsuit in late June, shortly after the state announced that the facility was about to open, claiming the plan had not gone through any environmental review as required under federal law. They were joined in the lawsuit by the Miccosukee Tribe.

In her ruling, Judge Williams agreed, saying that under the National Environmental Policy Act (NEPA), the government was required to issue an Environmental Impact Statement (EIS) or conduct an Environmental Assessment (EA). “The Defendants chose not to do so,” she wrote.

“The Defendants’ decision to refrain from issuing an EIS or conducting an EA, and then building a detention camp, represents a determinative position on the matter and has adversely affected Plaintiffs’ recreational, conservational, and aesthetic interests,” she wrote in her order. “Accordingly, the Defendants’ decision not to issue an EIS or conduct an EA and then construct a detention camp qualifies as a final agency action.”

The Trump administration contended that a review under NEPA did not apply because, while the center houses federal immigration detainees, it is run by the state. State officials have said that their authority came from an agreement with the federal government.

Judge Williams strongly objected.

“Defendants essentially tell the Court that the project is purely state action because its employees (presumably) wear uniforms bearing state agency logos, and because the federal government seems to have held back on sending its reimbursement until some unidentified impediment (perhaps, this litigation) has abated,” she wrote.

“Meanwhile, 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. Detainees are brought onto the site by federal agents and deported from the site by federal agents on federally owned aircraft. In concluding the camp is a major federal action, the Court will ‘adhere to the test-tested adage: if it walks like a duck, quacks like a duck, and looks like a duck, then it’s a duck.’”

The judge quoted President Harry S. Truman’s address during the 1947 dedication of the Everglades National Park, and noted how a proposal in 1967 to create the world’s largest jetport at the site was abandoned and the Big Cypress National Preserve was created to protect the area.

“Since that time, every Florida governor, every Florida senator, and countless local and national political figures, including presidents, have publicly pledged their unequivocal support for the restoration, conservation, and protection of the Everglades,” she wrote. “This Order does nothing more than uphold the basic requirements of legislation designed to fulfill those promises.”

‘Clear message’

The two environmental groups that filed the initial lawsuit hailed the decision on Thursday night.

“This is a landmark victory for the Everglades and countless Americans who believe this imperiled wilderness should be protected, not exploited,” said Eve Samples, executive director of Friends of the Everglades. “It sends a clear message that environmental laws must be respected by leaders at the highest levels of our government — and there are consequences for ignoring them.”

“This injunction is a huge relief for millions of people who love the Everglades,” added Elise Bennett, Florida and Caribbean director and attorney at the Center for Biological Diversity. “This brutal detention center was burning a hole in the fabric of life that supports our most iconic wetland and a whole host of endangered species, from majestic Florida panthers to wizened wood storks. The judge’s order came just in time to stop it all from unraveling.”

Central Florida Democratic U.S. Rep. Maxwell Frost, who toured the facility for the second time on Wednesday, issued a blistering statement after Judge Williams’ order was released.

“The Everglades Immigrant Detention Center is nothing more than a state-sponsored, government-funded internment camp designed to keep Black and Brown immigrants in hellish conditions while Donald Trump pretends it makes our country safer,” he said in a written statement. “Thanks to the tireless work of Friends of the Everglades, the Center for Biological Diversity, and the Miccosukee Tribe, this inhumane facility has been ordered to halt operations. This is a major victory for justice, civil rights, and our environment.”

Judge Williams had placed a temporary restraining order pausing new construction at the detention center on Aug. 7 — including filling, paving, and installation of new infrastructure and lighting. That ruling may have already proved to DeSantis that Williams, a 2010 appointee to the federal court by President Obama, would ultimately rule the way she did.

“It’s pretty clear we’re in front of a judge who is not going to give us a fair shake on this,” he said earlier this week.