florida everglades

ORLANDO, Fla. — U.S. government lawyers say that detainees at the immigration detention center in the Florida Everglades known as “Alligator Alcatraz” probably include people who have never been in removal proceedings, which is a direct contradiction of what Florida Gov. Ron DeSantis has been saying since it opened in July.

Attorneys for the U.S. Department of Justice made that admission Thursday in a court filing arguing that the detainees at the facility in the Everglades wilderness don’t have enough in common to be certified as a class in a lawsuit over whether they’re getting proper access to attorneys.

A removal proceeding is a legal process initiated by the U.S. Department of Homeland Security to determine if someone should be deported from the United States.

The Justice Department attorneys wrote that the detainees at the Everglades facility have too many immigration statuses to be considered a class.

“The proposed class includes all detainees at Alligator Alcatraz, a facility that houses detainees in all stages of immigration processing — presumably including those who have never been in removal proceedings, those who will be placed into removal proceedings, those who are already subject to final orders of removal, those subject to expedited removal, and those detained for the purpose of facilitation removal from the United States pursuant to a final order of removal,” they wrote.

Since the facility opened, DeSantis has been saying publicly that each detainee has gone through the process of determining that they can’t legally be in the United States.

During a July 25 news conference outside the detention center, DeSantis said, “Everybody here is already on a final removal order.”

“They have been ordered to be removed from the country,” he added.

At a July 29 speech before a conference of the Florida Sheriffs Assn., the Republican governor said, “The people that are going to the Alligator Alcatraz are illegally in the country. They’ve all already been given a final order of removal.”

He added, “So, if you have an order to be removed, what is the possible objection to the federal government enforcing that removal order?”

DeSantis’ press office didn’t respond Monday morning to an email seeking comment.

The court filing by the Justice Department attorneys was made in a lawsuit in which civil rights groups allege the facility’s detainees have been denied proper access to attorneys in violation of their constitutional rights. The civil rights groups on Thursday asked a federal judge in Fort Myers, Fla., for a preliminary injunction that would establish stronger protections for detainees to meet with attorneys privately and share documents confidentially.

The court case is one of three lawsuits filed by environmental and civil rights groups over the detention center, which was hastily built this summer by the state of Florida and operated by private contractors and state agencies.

A federal judge in Miami ordered in August that the facility must wind down operations within two months, agreeing with environmental groups that the remote airstrip site wasn’t given a proper environmental review before it was converted into an immigration detention center. But operations continued after the judge’s preliminary injunction was put on hold in early September by an appellate court panel. At one point, the facility held more than 900 detainees, but most of them were transferred after the initial injunction. It wasn’t clear on Monday how many detainees were at the center, which was built to hold 3,000 people.

President Trump toured the facility in July and suggested it could be a model for future lockups nationwide as his administration pushes to expand the infrastructure needed to increase deportations. Federal officials on Friday confirmed that Florida has been approved for a $608-million reimbursement for the costs of building and running the immigration detention center.

Schneider writes for the Associated Press.

MIAMI — A federal judge has put a stop to further expansion of the immigration detention center built in the Florida Everglades and dubbed “Alligator Alcatraz, ordering that its operations wind down within two months.

U.S. District Judge Kathleen Williams in Miami wrote in her 82-page order late Thursday that Florida officials never sufficiently explained why an immigration detention center needed to be located in the middle of sensitive wetlands cherished by environmentalists and outdoors people.

She also said that state and federal authorities never undertook an environmental review as required by federal law before Florida officials hastily built the detention camp that they championed as a model for President Trump’s immigration policies. That failure adversely affected the “recreational, conservational, and aesthetic interests” of the environmental groups and Miccosukee Tribe, which brought the lawsuit, she said.

Republican Gov. Ron DeSantis on Friday reacted to the ruling, saying he would not be deterred by “an activist judge.”

“We knew this would be something that would likely happen,” DeSantis said at a news conference in Panama City. “We will respond accordingly. You either have a country or you don’t.”

Here’s what to know about the situation and what might come next:

What did the judge say?

Williams said she expected the population at the facility to drop within 60 days by transferring detainees to other facilities. Once that happens, fencing, lighting, gas, waste, generators and other equipment should be removed from the site. No additional detainees can be sent to the facility, and noadditional lighting, fencing, paving, buildings or tents can be added to the camp. The only repairs that can be made to the existing facility are for safety purposes. However, the judge allowed for the existing dormitories and housing to stay in place as long as they are maintained to prevent deterioration or damage.

Here’s where detainees might end up

During court hearings, lawyers said at one point there were fewer than 1,000 detainees at the facility, which state officials had planned to hold up to 3,000 people. Although the detainees could be sent to other facilities out of state, Florida has other immigration detention centers including the Krome North Processing Center in Miami, the Broward Transitional Center in Pompano Beach and the Baker County Detention Center managed by the local sheriff’s office. Earlier this month, DeSantis announced plans for a second state-initiated immigration detention facility dubbed “Deportation Depot” at a state prison about 43 miles (69 kilometers) west of downtown Jacksonville. State officials say it is expected to hold 1,300 immigration detention beds, though that capacity could be expanded to 2,000 beds.

How does this decision impact the other “Alligator Alcatraz” lawsuit?

Civil rights lawyers had filed a second lawsuit over practices at “Alligator Alcatraz,” claiming that detainees weren’t able to meet with their attorneys privately and were denied access to immigration courts. Another federal judge in Miami dismissed part of the lawsuit earlier this week after the Trump administration designated the Krome North Processing Center as the court for their cases to be heard. The judge moved the remaining counts of the case from Florida’s southern district to the middle district. Eunice Cho, the lead attorney for the detainees, said Friday that the decision in the environmental lawsuit won’t have an impact on the civil rights case since there could be detainees at the facility for the next two months.

“Our case addresses the lack of access to counsel for people detained at Alligator Alcatraz, and there are still people detained there,” Cho said.

Status of the hundreds of millions of dollars in contracts

No one has said publicly what will happen to the hundreds of millions of dollars in contracts involved in the facility. DeSantis’ administration in July signed contracts with private vendors to pay at least $245 million to set up and run the center, according to a public database. That amount — to be fronted by Florida taxpayers — was in line with the $450 million a year officials have estimated the facility was going to cost. The governor’s office and the Florida Division of Emergency Management on Friday didn’t respond to questions about whether Florida taxpayers would still be on the hook for the contracts if the facility is shuttered.

Is this a final decision?

No. This case will continue to be litigated. The state of Florida filed a notice of appeal Thursday night, shortly after the ruling was issued. As its name suggests, a preliminary injunction is only an initial action taken by a judge to prevent harm while a lawsuit makes its way through the court process and when it appears that one side has a good chance of succeeding based on the merits of the case.

Schneider and Anderson write for the Associated Press.

MIAMI — A federal judge in Miami dismissed part of a lawsuit that claimed detainees were denied access to the legal system at the immigration detention center in the Florida Everglades known as “Alligator Alcatraz” and moved the remaining counts of the case to another court.

Claims that the detainees were denied hearings in immigration court were rendered moot when the Trump administration last weekend designated the Krome North Processing Center near Miami as a site for their cases to be heard, U.S. District Judge Rodolfo Ruiz said in a 47-page ruling Monday night dismissing a 5th Amendment count.

The judge granted the state defendants a change of venue motion to the Middle District of Florida, where the remaining claims of 1st Amendment violations will be addressed. Those include allegations of delays in scheduling meetings between detainees and their attorneys and an inability for the detainees to talk privately with their attorneys by phone or videoconference at the facility whose official name is the South Detention Facility.

ACLU lawyer Eunice Cho, the lead attorney for the detainees, said the federal government reversed course only last weekend and allowed the detainees to petition an immigration court because of the lawsuit.

“It should not take a lawsuit to force the government to abide by the law and the Constitution,” Cho said. “We look forward to continuing the fight.”

The judge heard arguments from both sides in a hearing earlier Monday in Miami. Civil rights attorneys were seeking a preliminary injunction to ensure detainees at the facility had access to their lawyers and could get a hearing.

Republican Gov. Ron DeSantis’ administration raced to build the facility on an isolated airstrip surrounded by swampland two months ago in order to aid President Trump’s efforts to deport people who are in the U.S. illegally. The governor has 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 detention center has an estimated annual cost of $450 million.

The state and federal government had argued that even though the isolated airstrip where the facility is located is owned by Miami-Dade County, Florida’s Southern District was the wrong venue since the detention center is located in neighboring Collier County, which is in the state’s Middle District.

Judge Ruiz had hinted during a hearing last week that he had some concerns over which jurisdiction was appropriate. Attorneys for the detainees had argued that Ruiz’s court was appropriate since the detainees were under the oversight of federal officials in the Miami regional office. Any transfer to another venue would cause a delay in a court decision.

Ruiz noted the facts in the case changed Saturday when the Trump administration designated the Krome facility as the immigration court with jurisdiction over all detainees at the detention center.

The judge wrote that the case has “a tortured procedural history” since it was filed July 16, weeks after the first group of detainees arrived at the facility.

“Nearly every aspect of the Plaintiffs’ civil action — their causes of action, their facts in support, their theories of venue, their arguments on the merits and their requests for relief — have changed with each filing,” the judge wrote.

The state and federal government defendants made an identical argument last week about jurisdiction for a second lawsuit in which environmental groups and the Miccosukee Tribe sued to stop further construction and operations at the Everglades detention center until it’s in compliance with federal environmental laws.

U.S. District Judge Kathleen Williams in Miami on Aug. 7 ordered a 14-day halt to additional construction at the site while witnesses testified at a hearing that wrapped up last week. She has said she plans to issue a ruling before the order expires later this week. She had yet to rule on the venue question.

Detainees at the facility have said worms turn up in the food, toilets don’t flush, flooding floors with fecal waste, and mosquitoes and other insects are everywhere.

Civil rights attorneys also said officers were going cell to cell to pressure detainees into signing voluntary removal orders before they’re allowed to consult their attorneys, and some detainees had been deported even though they didn’t have final removal orders. Along with the spread of a respiratory infection and rainwater flooding in tents, the circumstances had fueled a feeling of desperation among detainees, the attorneys wrote in a court filing.

Fischer, Schneider and Frisaro write for the Associated Press. Frisaro reported from Fort Lauderdale, Fla., and Schneider reported from Orlando, Fla.

TALLAHASSEE, Fla. — Florida Republican Gov. Ron DeSantis’ administration is preparing to open a second immigration detention facility at a state prison in north Florida, as a federal judge decides the fate of the state’s holding center for immigrants at an isolated airstrip in the Florida Everglades dubbed “Alligator Alcatraz.”

DeSantis announced Thursday that the new facility is to be housed at the Baker Correctional Institution, a state prison about 43 miles west of Jacksonville. It is expected to hold 1,300 immigration detention beds, though that capacity could be expanded to 2,000, state officials said.

After opening the Everglades facility last month, DeSantis justified opening the second detention center, dubbed “Deportation Depot” by the state, by saying President Trump’s administration needs the additional capacity to hold and deport more immigrants.

“There is a demand for this,” DeSantis said. “I’m confident it will be filled.”

Payne writes for the Associated Press.

Lawyers seeking a temporary restraining order against an immigration detention center in the Florida Everglades say that “Alligator Alcatraz” detainees have been barred from meeting attorneys, are being held without any charges and that a federal immigration court has canceled bond hearings.

A virtual hearing in federal court in Miami was being held Monday on a lawsuit that was filed July 16. A new motion on the case was filed Friday.

Lawyers who have shown up for bond hearings for “Alligator Alcatraz” detainees have been told that the immigration court doesn’t have jurisdiction over their clients, the attorneys wrote in court papers. The immigration attorneys demanded that federal and state officials identify an immigration court that has jurisdiction over the detainees and start accepting petitions for bond, claiming the detainees constitutional rights to due process are being violated.

“This is an unprecedented situation where hundreds of detainees are held incommunicado, with no ability to access the courts, under legal authority that has never been explained and may not exist,” the immigration attorneys wrote. “This is an unprecedented and disturbing situation.”

The lawsuit is the second one challenging “Alligator Alcatraz.” Environmental groups last month sued federal and state officials asking that the project built on an airstrip in the heart of the Florida Everglades be halted because the process didn’t follow state and federal environmental laws.

Critics have condemned the facility as a cruel and inhumane threat to the ecologically sensitive wetlands, while Florida Gov. Ron DeSantis and other Republican state officials have defended it as part of the state’s aggressive push to support President Trump’s crackdown on illegal immigration.

U.S. Homeland Security Secretary Kristi Noem has praised Florida for coming forward with the idea, as the department looks to significantly expand its immigration detention capacity.

Schneider writes for the Associated Press.

Florida’s top emergency official asked a federal judge on Monday to resist a request by environmentalists to halt an immigration detention center known as Alligator Alcatraz in the middle of the Florida Everglades because their lawsuit was filed in the wrong jurisdiction.

Even though the property is owned by Miami-Dade County, Florida’s southern district is the wrong venue for the lawsuit since the detention center is located in neighboring Collier County, which is in the state’s middle district. Decisions about the facility also were made in Tallahassee and Washington, Kevin Guthrie, executive director for the Florida Division of Emergency Management, said in a court filing.

“And all the detention facilities, all the buildings, and all the paving at issue are sited in Collier County, not Miami-Dade,” Guthrie said.

Environmental groups filed a lawsuit in Florida’s southern district last month, asking for the project being built on an airstrip in the heart of the Florida Everglades to be halted because the process didn’t follow state and federal environmental laws. A virtual hearing was being held Monday on the lawsuit.

Critics have condemned the facility as a cruel and inhumane threat to the ecologically sensitive wetlands, while Republican Gov. Ron DeSantis and other state officials have defended it as part of the state’s aggressive push to support President Trump’s crackdown on illegal immigration.

U.S. Homeland Security Secretary Kristi Noem has praised Florida for coming forward with the idea, as the department looks to significantly expand its immigration detention capacity.

Schneider writes for the Associated Press.

OCHOPEE, Fla. — President Trump will turn a new immigration detention center in a remote area of the Florida Everglades into a symbol of his border crackdown when he visits on Tuesday.

The facility, assembled on a remote airstrip with tents and trailers that are normally used after a natural disaster, has been given the nickname “Alligator Alcatraz,” a moniker that has alarmed immigrant activists but appeals to the Republican president’s aggressive approach to deportations.

“This is not a nice business,” Trump said while leaving the White House in the morning. Then he joked that “we’re going to teach them how to run away from an alligator if they escape prison.”

“Don’t run in a straight line. Run like this,” he said, as he moved his hand in a zigzag motion. “And you know what? Your chances go up about 1%.”

That doesn’t seem to be sound advice, though. It’s best to dash in one direction in the rare situation when an alligator gives chase, according to a website run by the University of Florida.

Ahead of Trump’s arrival, local authorities were positioned by the entrance of the airstrip. Media vans and other vehicles were parked along the highway lined by cypress trees.

Protestors have often gathered near the facility, which is about 50 miles west of Miami and could house 5,000 detainees. They’ve criticized the potential impact on a delicate ecosystem and say Trump is trying to send a cruel message to immigrants — while some Native American leaders have also opposed construction, saying the land is sacred.

“I have a lot of immigrants I have been working with. They are fine people. They do not deserve to be incarcerated here,” said Phyllis Andrews, a retired teacher who drove from Naples, Florida, to protest Trump’s visit on Tuesday. “It’s terrible that there’s a bounty on their head.”

The president’s supporters showed up as well. One wore a hat saying, “Trump was right about everything.”

A key selling point for the Trump administration is the site’s remoteness — and the fact that it is in swampland filled with mosquitoes, pythons and alligators. The White House hopes that conveys a message to detainees and the rest of the world that repercussions will be severe if the immigration laws of the United States are not followed.

“There’s only one road leading in, and the only way out is a one-way flight,” press secretary Karoline Leavitt said Monday. “It is isolated, and it is surrounded by dangerous wildlife and unforgiving terrain.”

Crackdowns on the U.S.-Mexico border and harsh immigration policies have long been a centerpiece of Trump’s political brand.

During his first term in 2019, Trump denied reports that he floated the idea of building a moat filled with alligators at the southern border. “I may be tough on Border Security, but not that tough,” he said at the time.

In his second term, Trump has suggested that his administration could move to reopen Alcatraz, the notorious and hard-to-reach island prison off San Francisco. The White House has similarly promoted the political shock value of sending some immigrants awaiting deportation from the U.S. to a detention lockup in Guantánamo Bay, Cuba, and others to a megaprison in El Salvador.

Some of the ideas have been impractical. For example, transforming Alcatraz from a tourist attraction into a prison would be very costly, and Guantánamo Bay is being used less often than administration officials originally envisioned.

However, the new detention center in the Everglades came together very quickly. Homeland Security Secretary Kristi Noem recently told the Associated Press that she felt some contractors were charging the government too much to run facilities, “so I went directly to states and to ask them if they could do a better job providing this service.”

Florida officials “were willing to build it and do it much quicker than what some of the other vendors were,” she said. “And it was a real solution that we’ll be able to utilize if we need to.”

Former U.S. Rep. David Jolly of Florida, a former Republican who is now running for governor as a Democrat, called the facility a “callous political stunt.”

U.S. Immigration and Customs Enforcement detainees are generally held for reasons like entering the country illegally or overstaying a visa. They are either waiting for ICE to put them on the next flight or bus ride home, or they’re fighting their removal in immigration court.

If an immigrant is accused of or has committed a violent crime, he or she is tried and held in state or federal criminal jurisdiction, separate from the immigration system. In those cases, they may be transferred to ICE for deportation after completing their criminal sentences.

State officials are spearheading construction of the Florida facility, but much of the cost is being covered by the Federal Emergency Management Agency, which is best known for responding to hurricanes and other natural disasters.

Florida Attorney General James Uthmeier, whom Homeland Security Secretary Kristi Noem has credited as the architect of the Everglades plan, first debuted the proposal with a slickly produced video, complete with custom graphics featuring red-eyed alligators and a hard rock soundtrack.

The Department of Homeland Security posted an image of alligators wearing ICE hats and sitting in front of a fenced-in compound ringed with barbed wire.

The Florida Republican Party has fundraised off the facility, selling branded T-shirts and beverage container sleeves. Florida Gov. Ron DeSantis suggested Monday that the facility would be open and “ready for business” by the time Trump arrives.

The governor, who challenged Trump for the 2024 Republican presidential nomination, has also played up the fact that the site will be hard to escape from.

“They ain’t going anywhere once they’re there, unless you want them to go somewhere, because good luck getting to civilization,” DeSantis said. “So the security is amazing.”

Licon and Weissert write for the Associated Press. Weissert reported from Washington. AP writers Kate Payne in Tallahassee, Fla., Elliot Spagat in San Diego and Chris Megerian in Washington contributed to this report.

A coalition of groups including environmental activists and Native Americans advocating for their ancestral homelands converged outside an airstrip in the Florida Everglades on Saturday to protest the imminent construction of an immigrant detention center.

Hundreds of protesters lined part of U.S. Highway 41 that slices through the marshy Everglades — also known as Tamiami Trail — as dump trucks hauling materials lumbered into the airfield. Cars passing by honked in support as protesters waved signs calling for the protection of the expansive preserve that is home to a few Native tribes and several endangered animal species.

Christopher McVoy, an ecologist, said he saw a steady stream of trucks entering the site while he protested for hours. Environmental degradation was a big reason why he came out Saturday. But as a south Florida city commissioner, he said concerns over immigration raids in his city also fueled his opposition.

“People I know are in tears, and I wasn’t far from it,” he said.

Florida officials have forged ahead over the last week in constructing the compound dubbed “Alligator Alcatraz” within the Everglades’ humid swamplands.

The government fast-tracked the project under emergency powers from an executive order issued by Gov. Ron DeSantis that addresses what he casts as a crisis of illegal immigration. That order lets the state sidestep certain purchasing laws and is why construction has continued despite objections from Miami-Dade County Mayor Daniella Levine Cava and local activists.

The facility will have temporary structures such as heavy-duty tents and trailers to house detained immigrants. The state estimates that by early July, it will have 5,000 immigration detention beds in operation.

The compound’s proponents have said its location in the Florida wetlands — teeming with alligators, invasive Burmese pythons and other reptiles — makes it an ideal spot for immigration detention.

“Clearly, from a security perspective, if someone escapes, you know, there’s a lot of alligators,” DeSantis said Wednesday. “No one’s going anywhere.”

Under DeSantis, Florida has made an aggressive push for immigration enforcement and has been supportive of the federal government’s broader crackdown on illegal immigration. The U.S. Department of Homeland Security has backed Alligator Alcatraz, which Secretary Kristi Noem said will be partly funded by the Federal Emergency Management Agency.

Native American leaders in the region have seen the construction as an encroachment onto their sacred homelands, which prompted Saturday’s protest. In Big Cypress National Preserve, where the Dade-Collier Training and Transition Airport is located, 15 traditional Miccosukee and Seminole villages remain, as well as ceremonial and burial grounds and other gathering sites.

Others have raised human rights concerns over what they condemn as the inhumane housing of immigrants. Worries about environmental effects have also been at the forefront, as groups such as the Center for Biological Diversity and the Friends of the Everglades filed a lawsuit Friday to halt the detention center plans.

“The Everglades is a vast, interconnected system of waterways and wetlands, and what happens in one area can have damaging impacts downstream,” Friends of the Everglades executive director Eve Samples said. “So it’s really important that we have a clear sense of any wetland impacts happening in the site.”

Bryan Griffin, a DeSantis spokesperson, said Friday in response to the litigation that the facility was a “necessary staging operation for mass deportations located at a preexisting airport that will have no impact on the surrounding environment.”

Until the site undergoes a comprehensive environmental review and public comment is sought, the environmental groups say construction should pause. The facility’s speedy establishment is “damning evidence” that state and federal agencies hope it will be “too late” to reverse their actions if they are ordered by a court to do so, said Elise Bennett, a Center for Biological Diversity senior attorney working on the case.

The potential environmental hazards also bleed into other aspects of Everglades life, including a robust tourism industry where hikers walk trails and explore the marshes on airboats, said Floridians for Public Lands founder Jessica Namath, who attended the protest. To place an immigration detention center there makes the area unwelcoming to visitors and feeds into the misconception that the space is in “the middle of nowhere,” she said.

“Everybody out here sees the exhaust fumes, sees the oil slicks on the road, you know, they hear the sound and the noise pollution. You can imagine what it looks like at nighttime, and we’re in an international dark sky area,” Namath said. “It’s very frustrating because, again, there’s such disconnect for politicians.”

Seminera writes for the Associated Press.

TALLAHASSEE, Fla. — Environmental groups filed a federal lawsuit Friday to block a migrant detention center being built on an airstrip in the heart of the Florida Everglades.

The lawsuit seeks to halt the project until it undergoes a stringent environmental review as required by federal law. There is also supposed to be a chance for public comment, according to the lawsuit filed in Miami federal court.

The center dubbed “Alligator Alcatraz” by Gov. Ron DeSantis is set to begin processing people who entered the U.S. illegally as soon as next week, the governor said Friday on “Fox and Friends.”

The state is plowing ahead with building a compound of heavy-duty tents, trailers and other temporary buildings at the Miami-Dade County-owned airfield in the Big Cypress National Preserve, about 45 miles west of downtown Miami.

The lawsuit names several federal and state agencies as defendants.

Payne and Anderson write for the Associated Press.