Florida’s Alligator Alcatraz Faces Legal Challenges and Uncertainty

TALLAHASSEE — Florida’s newly constructed immigration detention center, nicknamed Alligator Alcatraz, is facing significant legal challenges just months after its opening. The facility began operation in early July 2023 after Governor Ron DeSantis invoked emergency powers to expedite its construction in a record eight days. Currently, its future hangs in the balance as multiple lawsuits threaten its existence.

In August, a U.S. District Judge issued a ruling that called for an effective shutdown of the facility. Although an appellate court has temporarily paused this order and raised doubts about the original ruling, the center remains embroiled in ongoing legal disputes. Compounding the situation, Florida has already opened a second detention facility and is exploring plans for a potential third.

Understanding Alligator Alcatraz

The concept of Alligator Alcatraz was first introduced by Attorney General James Uthmeier during a June 2023 interview with Fox News. Following this announcement, construction commenced, transforming an airstrip in the Everglades into a tent facility capable of housing up to 3,000 detainees. Both DeSantis and former President Donald Trump indicated that the federal government would reimburse Florida for the construction and operational costs, a key point in one of the ongoing lawsuits.

Legal Battles Surrounding the Facility

The initial lawsuit aimed at halting operations was filed by environmental advocates in late June. They accused state and federal officials of bypassing an essential environmental review mandated by the National Environmental Policy Act. The plaintiffs, which included the Miccosukee Tribe, argued that the facility’s construction violated federal environmental standards. In response, Florida’s attorneys contended that since the center is operated by the state and not the federal government, it is not subject to these environmental regulations.

In a significant ruling, U.S. District Judge Kathleen Williams ordered the state to cease new admissions and to dismantle critical infrastructure such as lighting and fencing within 60 days. The judge stated, “If it walks like a duck, quacks like a duck, and looks like a duck, then it’s a duck,” emphasizing her belief that the facility must adhere to federal laws. However, this ruling was paused by a federal appeals court, which argued that the detention center is a state-run operation, thus not bound by federal environmental review requirements. The plaintiffs are now urging the appellate court to reconsider its position.

In terms of financial implications, operating Alligator Alcatraz was initially projected to cost around $450 million annually, with the state having already invested approximately $200 million. Should Florida secure federal reimbursement, a subsequent environmental review may be required, potentially delaying future operations. Recently, a spokesperson from the Department of Homeland Security confirmed that Florida has submitted a request for reimbursement under the FEMA Detention Support Grant Program.

Conditions and Complaints at the Facility

Reports from detainees at Alligator Alcatraz depict difficult living conditions, with many complaining about extreme temperature fluctuations and limited access to showers. One detainee, Cuban reggaeton artist Leamsy Izquierdo, noted that the facility’s lights remain on constantly, contributing to discomfort. State officials have countered these claims, asserting that they have been responsive to detainees’ needs.

In mid-July, a list of detainees revealed that over 95% were from Latin American nations, with significant numbers from Guatemala and Mexico. While officials have characterized the facility as housing “vicious” individuals, records show that many detainees had no criminal history in the United States.

Additional Legal Challenges

In a separate legal action filed in mid-July, detainees at Alligator Alcatraz claimed they have been systematically denied access to legal counsel. The lawsuit alleges that attorneys faced barriers to in-person visits and often could not locate their clients in the U.S. Immigration and Customs Enforcement (ICE) online system. The plaintiffs argue that these actions violate their rights under the First and Fifth Amendments. The state’s defense claims full compliance with legal counsel access, stating they have accommodated every request for meetings.

Another lawsuit filed in August questions the legality of the state’s authority to operate a detention facility. It challenges the use of the federal 287(g) program, which allows state law enforcement to assist ICE in immigration enforcement. The lawsuit asserts that while this program permits some collaborative efforts, it does not authorize states to establish independent detention centers. The Florida Division of Emergency Management, which oversees the facility, is not a law enforcement agency and cannot designate its employees under the 287(g) agreement.

Expansion of Detention Facilities in Florida

In addition to Alligator Alcatraz, Florida has recently opened a second facility in North Florida, referred to by DeSantis as the “Deportation Depot.” Located in Baker County, this facility is housed in a previously vacant prison and is currently holding around 115 individuals, with a capacity for nearly 1,300. DeSantis has expressed interest in establishing a third detention center in the Florida Panhandle, although specific details have yet to be disclosed.

As Florida navigates the complexities of these legal and operational challenges, the future of Alligator Alcatraz remains uncertain, with ongoing litigation poised to shape the state’s immigration detention landscape.