Environmental groups on Tuesday asked a federal appellate court panel to drop its temporary halt of a lower court's order instructing state officials to close an immigration detention center in the heart of the Florida Everglades known as "Alligator Alcatraz."
The Everglades facility remains open, still holding detainees, because the appellate court in early September relied on arguments by Florida and the Trump administration that the state had not yet applied for federal reimbursement, and therefore wasn't required to follow federal environmental law. State officials opened the detention center last summer to support President Donald Trump's immigration crackdown.
Questions by the three appellate judges during oral arguments in a Miami courtroom focused on how much control the federal government had over the state-built facility and under what circumstances an environmental review was required to be in compliance with federal law. The judges did not indicate when they would rule.
Jesse Panuccio, an attorney for the Florida Department of Emergency Management, told the judges federal funding and federal control of the facility were the two criteria for determining if the federal environmental law would apply and the federal agencies had no control over the state-run detention center.
Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center's construction and operation.
"You need both," Panuccio said. "Even with funding, I don't think that would follow because they don't have federal control."
An attorney for the environmental groups said the law requiring a review applied to the facility because the Department of Homeland Security had authorized the funding and immigration was a responsibility of the federal government, not the state.
"What is different about this property is that immigration is constitutionally a federal function," said Paul Schwiep," an attorney representing the Friends of the Everglades and the Center for Biological Diversity. "The state has no role."
Following the hearing, Eve Samples, Executive Director, Friends of the Everglades, made a statement: "For nine months, ‘Alligator Alcatraz’ has inflicted harm on the Everglades in violation of federal environmental law, on public lands encircled by our country's first national preserve. Today's hearing got us one step closer to resuming our trial in the district court, where we will fight until government is held accountable and Big Cypress is protected."
The federal district judge in Miami in mid-August ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center's environmental impact according to federal law. That judge concluded that a reimbursement decision already had been made. The appellate court halted the order on an appeal.
The environmental lawsuit was one of three federal court challenges to the Everglades facility since it opened. In the others, a detainee said Florida agencies and private contractors hired by the state had no authority to operate the center under federal law. The challenge ended after the immigrant detainee who filed the lawsuit agreed to be removed from the United States.
In the third lawsuit, a federal judge in Fort Myers, Florida, ruled the Everglades facility must provide detainees there with better access to their attorneys, as well as confidential, unmonitored, unrecorded outgoing legal calls.
