ORLANDO, Fla. — A federal appeals court panel on Thursday put on hold a lower court judge’s order to wind down operations of the immigration detention center in the Florida Everglades dubbed “Alligator Alcatraz.”
The three-judge panel in Atlanta decided by a 2-1 vote to stay the federal judge’s order pending the outcome of an appeal, saying it was in the public interest.
U.S. District Judge Kathleen Williams in Miami issued a preliminary injunction last month ordering operations at the facility to be wound down by the end of October, with detainees transferred to other facilities and equipment and fencing removed.
Williams’ decision was issued in response to a lawsuit brought by Friends of the Everglades, the Center for Biological Diversity and the Miccosukee Tribe, who accused the state and federal defendants of not following federal law requiring an environmental review for the detention center in the middle of sensitive wetlands.
A response came quickly from Friends of the Everglades and the Center for Biological Diversity:
“The case is far from over. In fact, it’s just starting, and we’re committed to fighting on. The court entered a limited stay order. While disappointing, we never expected ultimate success to be easy. We’re hopeful the preliminary injunction will be affirmed when it’s reviewed on its merits during the appeal,” said Eve Samples, executive director of Friends of the Everglades. “In the meantime, if the DeSantis and Trump administrations choose to ramp operations back up at the detention center, they will just be throwing good money after bad because this ill-considered facility — which is causing harm to the Everglades — will ultimately be shut down.”
“This is a heartbreaking blow to America's Everglades and every living creature there, but the fight isn’t even close to over and I’m confident we’ll ultimately prevail,” said Elise Bennett, Florida and Caribbean director and a senior attorney at the Center for Biological Diversity. “I know many are questioning why the Trump and DeSantis administrations are insisting on pouring millions of taxpayer dollars into this dirty, destructive detention facility in the heart of the Everglades. Our legal system can and should stop this incredibly harmful boondoggle.”
The divided three-judge panel stopped short of overturning the injunction, which stems from a lawsuit filed by conservation groups in June to protect Florida’s imperiled wildlife and fragile ecosystems from the detention center.
The groups will continue fighting the federal and state defendants’ appeal of the preliminary injunction. Meanwhile, today’s decision at least temporarily allows state and federal officials to resume operations at the detention center.
Republican Gov. Ron DeSantis’ administration in late June raced to build the facility on an isolated airstrip surrounded by wetlands to aid President Donald Trump’s efforts to deport people in the U.S. illegally. The governor said the location in the rugged and remote Everglades was meant as a deterrent against escape, much like the island prison in California that Republicans named it after.
The state and federal government defendants have appealed Williams' ruling, asking that it be put on hold. The state of Florida said in court papers this week that it planned to resume accepting detainees at the facility if the stay was granted.
The federal government claims that it isn’t responsible for the detention center since it hasn’t spent a cent to build or operate the facility, even though Florida is seeking some federal grant money to fund a portion of it. Florida claims that the environmental impact statement required by federal law doesn’t apply to states.