Tornadoes touch down in Marion, Plainview

MPR News helps you turn down the noise and build shared understanding. Turn up your support for this public resource and keep trusted journalism accessible to all. 

Turn Up Your Support

MIAMI — A federal judge has issued an order temporarily halting construction at 

The judge said the addition of lighting, paving, fencing, fill, and other building on the site must stop while she hears a challenge to the facility brought by environmental groups. However, immigration detentions and other operations at the facility will continue as the legal process moves ahead.

In a lawsuit, Friends of the Everglades, the Center for Biological Diversity, Earthjustice and the Miccosukee Tribe say the rushed construction of the facility — dubbed 'Alligator Alcatraz' by state officials — without public input or an environmental impact statement violates federal law.

The facility, which has tents and caged cells for up to 5,000 immigration detainees, is housed at a mostly abandoned airfield located within the wetlands of the Big Cypress National Preserve.

Lawyers for Florida and the Trump administration said because the facility was built and is operated by the state, federal law doesn't apply. U.S. District Judge Kathleen Williams was unconvinced by that argument.

After two days of hearings, she became frustrated when she learned construction was still continuing at the site and lawyers for Florida refused a request to put it on hold. Judge Williams issued a temporary restraining order that stops construction activities there for the next 14 days. Immigration detentions and other operations are unaffected by her order.

Environmental groups presented testimony in court that additional construction of the facility would harm water quality in the Everglades and contribute harm to the endangered Florida panther.

Randy Kautz, a wildlife ecologist who helped write the state's Panther Recovery plan, said because of the bright lights, increased traffic and human presence at the site, Florida panthers would be pushed out of at least 2,000 acres of their habitat. 

There are only an estimated 120 to 230 endangered panthers remaining in Florida. Lawyers with the state said the habitat loss was a small part of the more than 3.1 million acres over which panthers range in Florida. Nonetheless, Kautz said it would contribute to the harm of the panther population.

Wetlands Ecologist Christopher McVoy, who helped write the plan to restore the Everglades, raised concerns with the court about 20 acres of new asphalt paving on the site and the impact it would have on water quality in the fragile ecosystem. The Everglades, he said, has a very low nutrient level. Runoff containing nutrients and pollutants would have a "drastic impact" on nearby wetlands, he said.

The groups say rushing the construction without holding hearings, taking public comment or conducting an Environmental Impact Study, Florida and the Trump administration violated the National Environmental Policy Act (NEPA.)

Justice Department attorney Marissa Piropato told the judge, "NEPA does not apply here because the federal detention facility is controlled by Florida." Florida is spending an estimated $450 million to cover the cost of construction and operations of the site but is expected to seek reimbursement from the Trump administration. 

During the hearings, Judge Williams cited comments by Trump administration officials who have called it an Immigration and Customs Enforcement (ICE) facility and repeatedly asked, "Who's running the show?" She suggested the shifting responsibilities for construction and operation of the detention center may have been a deliberate effort by federal officials to avoid having to comply with NEPA.

Following the judge's order, Eve Samples with Friends of the Everglades said, "We're pleased that the judge saw the urgent need to put a pause on additional construction, and we look forward to advancing our ultimate goal of protecting the unique and imperiled Everglades ecosystem from further damage caused by this mass detention facility."

A spokesperson for Florida Attorney General, James Uthmeier said, "Judge Williams' order is wrong, and we will fight it."

Temporary restraining orders are typically not subject to appeal. It will remain in place while the judge hears the environmental groups' request for a preliminary injunction to halt operations at the site. The next hearing is Tuesday.

Politics and Government News

Homepage

Greg Allen

Author

The 14-day stoppage comes as a federal judge considers whether additional construction of the immigration detention facility in south Florida's Everglades is detrimental to the environment.

Federal judge halts construction at Florida's 'Alligator Alcatraz'

Go Deeper.

Like this?

News you can use in your inbox