Karmactive Staff
A federal appeals court has temporarily blocked the shutdown of a controversial immigration detention center in Florida’s Everglades, known informally as “Alligator Alcatraz.” The 2-1 decision by the Eleventh Circuit Court of Appeals allows the facility to continue operations while legal battles continue.
The detention center, located at Dade-Collier Training and Transition facility within Big Cypress National Preserve, had been ordered to close by U.S. District Judge Kathleen Williams on August 21. That preliminary injunction required Florida officials to transfer detainees and remove equipment by late October.
The divided three-judge panel’s September 4 ruling means hundreds of detainees will remain at the site for now. The majority cited “public interest” and potential “immediate, concrete harms” to the government if the facility closed during the appeal process.
The legal fight centers on whether Florida violated federal environmental laws by building the detention center without proper review. Conservation groups filed the lawsuit on June 27, and the Miccosukee Tribe joined in mid‑July, arguing the state rushed construction without assessing impacts on the fragile ecosystem.
“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 at the Center for Biological Diversity.
At the heart of the legal dispute is whether the 2023 amendments to the National Environmental Policy Act (NEPA) apply to this project. The key question: Does the detention center qualify as a “major federal action” requiring environmental review?
The majority opinion suggested NEPA likely doesn’t apply since Florida—not the federal government—funds the facility’s construction and operation. However, Judge Adalberto Jordan, who dissented, pointed to claims that the federal government may eventually reimburse Florida, which could trigger NEPA requirements.
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The detention center sits in an ecologically sensitive area surrounded by Big Cypress National Preserve, home to endangered Florida panthers and Florida bonneted bats. Conservation groups note panthers have been documented at the very site where the detention center now stands.
“Building a detention center in the heart of the Everglades was reckless and unlawful,” said Tania Galloni, managing attorney for Earthjustice’s Florida office.
The facility was constructed in late June, followed by a July visit from Donald Trump, who suggested it could serve as a national model. After Judge Williams ordered the shutdown in August, Florida Governor Ron DeSantis signaled operations would continue.
“The case is far from over. In fact, it’s just starting, and we’re committed to fighting on,” said Eve Samples, executive director of Friends of the Everglades. “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.”
Paul Schwiep, counsel for the environmental groups, criticized the majority’s reliance on affidavits, noting: “The dissent gets right: Live witnesses’ testimony fully supported Judge Williams’ findings that this is a federal facility, harming the Everglades, built without any attempt to follow environmental laws.”
The lawsuit will now proceed on appeal, focusing on whether federal environmental laws were violated when the detention center was built. The court’s temporary stay doesn’t resolve the underlying legal questions about environmental protection and federal oversight in sensitive ecosystems like the Everglades.
