Floridas

Lawyer says guards beat and pepper-sprayed detainees at Florida’s ‘Alligator Alcatraz’

Guards severely beat and pepper-sprayed detainees at a state-run immigration detention center known as “Alligator Alcatraz” in the Florida Everglades this month, according to a lawyer for two detainees.

The guards targeted Katherine Blankenship’s clients and other detainees at the facility after they complained about not having phone access on April 2, Blankenship said in a court declaration.

The phones, which weren’t functioning, are the primary way for detainees to communicate with family and their attorneys while in the detention center. The guards began taunting the detainees, who were in a cell, then became “more aggressive and were yelling and threatening to enter the cage,” Blankenship wrote.

When one detainee approached a guard, he was punched in the face. The guards then started beating other detainees in the cell. One of Blankenship’s clients was punched in the right eye, thrown to the floor and beaten by several guards. He was kicked in the head and his shoulder and arm were injured. A guard put his knee on the detainee’s neck while restraining him, according to the attorney’s declaration, which included a photo made during a video call almost a week later showing the detainee with a bruised eye.

“The officers beat several people during this incident and broke another detained individual’s wrist,” Blankenship wrote. The detainee whose wrist was broken is not one of her clients.

Phone service was restored the next day without any explanation for why it was cut off.

The Florida Department of Emergency Management didn’t respond to questions emailed Wednesday about the incident.

Blankenship’s declaration was included in a court filing accusing state and federal officials of failing to comply with a federal judge’s preliminary injunction last month ordering detention center officials to provide access to timely, free, confidential, unmonitored and unrecorded outgoing legal calls. U.S. District Judge Sheri Polster Chappell in Fort Myers, Florida also said facility officials must provide at least one operable telephone for every 25 people held in the facility.

The judge’s order came in a response to a lawsuit that claimed detainees’ First Amendment rights were being violated.

State officials have denied restricting detainees’ access to their attorneys and cited security and staffing reasons for any challenges. Federal officials who also are defendants denied that detainees’ First Amendment rights were violated. State officials last week filed a notice that they plan to appeal the judge’s order.

The Everglades facility was built last summer at a remote airstrip by Republican Gov. Ron DeSantis’ administration to support President Trump’s immigration policies. Florida also has built a second immigration detention center in north Florida.

During a visit last week to the detention center, U.S. Rep. Debbie Wasserman Schultz, a Florida Democrat, said she wasn’t given the chance to talk to detainees. She described conditions at the detention center as “inhumane.”

“The way the detainees are housed is cruel and unnecessary,” she said.

Schneider writes for the Associated Press. AP journalist Gisela Salomon in Miami contributed to this report.

Source link

Environmental groups urge appeals court panel to lift halt on closing Florida’s ‘Alligator Alcatraz’

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 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.”

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, Fla., ruled the Everglades facility must provide detainees there with better access to their attorneys, as well as confidential, unmonitored, unrecorded outgoing legal calls.

Schneider writes for the Associated Press.

Source link

College Republicans sue University of Florida’s president over deactivation of its chapter

College Republicans have sued the University of Florida’s president on free speech grounds over the school’s decision to deactivate its chapter after being notified that at least one member engaged in an antisemitic act.

The University of Florida College Republicans filed the lawsuit Monday in federal court against interim president Donald Landry, asking a judge to stop the enforcement of the school’s decision and to restore access to facilities on the Gainesville campus.

“The University of Florida punitively deactivated and shut down the UFCR, in response to alleged viewpoints expressed by a member of UFCR, and in an effort to silence the club and chill its future speech,” the group said in its lawsuit.

UF spokeswoman Cynthia Roldan Hernandez said in an email that the university doesn’t comment on pending litigation.

Officials at the University of Florida said over the weekend that they had been informed by the Florida Federation of College Republicans that the federation had disbanded the Gainesville campus’ chapter after determining that some members had “engaged in a pattern of conduct that violated its rules and values, including a recent antisemitic gesture.”

When the Florida Federation of College Republicans is ready, the university will assist with reactivating the campus chapter under new student leadership, UF officials said in a statement.

The deactivation wasn’t based on any university policy or rule, and it was only based on a member’s expression of a viewpoint “which was alleged to be antisemitic,” the lawsuit said.

The university also didn’t provide the College Republicans with adequate notice and didn’t give the chapter an opportunity to explain its side of the story, according to the lawsuit.

The deactivation effort at the University of Florida campus marks the second time this month that a public university in Florida has taken action against a Republican group accused of being involved in racist or antisemitic behavior.

Earlier this month, Florida International University in Miami launched an investigation into a group chat started by an official with the Miami-Dade chapter of the Republican Party that included violently racist slurs, antisemitic comments and misogynistic language. The chat involved students and several top conservative leaders at Florida International University.

Last fall, New York’s Republican State Committee suspended a Young Republican organization following the release of a group chat that included jokes about rape and flippant commentary on gas chambers.

Schneider writes for the Associated Press.

Source link