A federal appeals court has temporarily stopped a judge’s order that would have forced Florida and the federal government to close down and dismantle a controversial immigration detention facility in the Everglades, often called “Alligator Alcatraz.”
On Thursday, the Eleventh US Circuit Court of Appeals granted requests from Florida and the US Department of Homeland Security (DHS) to pause the lower court’s ruling. That ruling had ordered the site to shut down within 60 days. A preliminary injunction like that is a temporary order until a court makes a final decision.
“After careful consideration, we grant the defendants’ motions and we stay the preliminary injunction and the underlying case itself pending appeal,” wrote the divided three-judge panel.
The detention facility has faced heavy criticism over unsafe conditions, including extreme heat, bug infestations, and poor-quality meals. Members of Congress and state lawmakers who visited the site demanded it be closed.
Just a week earlier, Florida Division of Emergency Management Director Kevin Guthrie told Rabbi Mario Rojzman in an email that the facility would likely be empty “within a few days.” Guthrie’s email was shared with CNN.
Despite the criticism, Florida Gov. Ron DeSantis is pushing ahead with immigration detention centers. He announced two new facilities: “Deportation Depot” in northeast Florida and “Panhandle Pokey” in the Florida Panhandle.
Florida Attorney General James Uthmeier celebrated the appeals court’s move, calling it a “victory against an activist judge” on social media.
Uthmeier added, “The 11th Circuit not only blocked Judge (Kathleen) Williams’ order to close Alligator Alcatraz, but they blocked her from proceeding with the case until the appeal is complete. A win for Florida and President Trump’s agenda!”
Environmental groups and the Miccosukee Tribe of Indians of Florida, who are suing to stop the facility, suffered a setback. The judges ruled that the detention center is run by the state, not the federal government, so it does not fall under the National Environmental Policy Act (NEPA). NEPA, signed in 1970, requires environmental reviews for major federal projects.
The judges explained that since Florida built and operates the facility, and federal funding is not yet approved, it does not qualify as a federal project under NEPA.
One judge on the panel disagreed, siding with the plaintiffs. He said DHS and US Immigration and Customs Enforcement were directly involved, which made it a federal project and subject to NEPA.
Eve Samples, executive director of Friends of the Everglades, told CNN the fight is far from over. “It’s just starting, and we’re committed to fighting on,” she said. Elise Bennett, senior attorney at the Center for Biological Diversity, called the ruling “a heartbreaking blow to America’s Everglades and every living creature there.”
Bennett questioned why taxpayer money was being spent on “this dirty, destructive detention facility in the heart of the Everglades.” She said a new panel of judges will now review the case and decide whether the shutdown order should stand.
Gov. DeSantis praised the appeals court decision in a video message: “Alligator Alcatraz is, in fact, like we’ve always said, open for business.” DHS also welcomed the stay, saying it was a win for “the American people, the rule of law and common sense.”
The case has sparked weekly vigils from faith groups and strong opposition from the Miccosukee Tribe, who warn of lasting harm to endangered species and the fragile Everglades ecosystem.
Even while the lawsuit continues, DeSantis said the state is considering more detention centers in addition to “Alligator Alcatraz,” “Deportation Depot,” and “Panhandle Pokey.” He said demand for these facilities is only growing.
