Government
Appeals Court Overturns Order to Dismantle Florida's Alligator Alcatraz
Panel rules not enough federal involvement to trigger environmental review in the immigrant detention center's construction
Detention facility for suspects arrested for immigration violations in Florida Everglades may remain open while environmental groups challenge it, a federal appellate court ruled.
A detention center constructed in the middle of the Florida Everglades to house individuals suspected of immigration law violations—colloquially known as Alligator Alcatraz—may remain open, a three-judge appellate court ruled April 21.
In a majority opinion, the 11th Circuit Court of Appeals said the facility, operated by the state of Florida and administered by Gov. Ron DeSantis (R), was neither built nor controlled by the federal government and therefore did not need to comply with federal law requiring an environmental impact review or statement.
RELATED
'Alligator Alcatraz' Migrant Lockup Must Stop Construction and Partly Dismantle, Court Orders
"Florida, not federal, officials constructed the facility," the majority wrote. "They control the land and ‘entirely’ built the facility at state expense."
The order overturns a federal district court judge's previous order to dismantle the facility, remanding the case to the district court to allow environmental groups and Tribal leaders to challenge it while the facility remains open. The dismantling order had been paused while the 11th Circuit considered whether the facility housing detainees arrested by federal immigration enforcement officials was under state or federal jurisdiction.
The majority also wrote that not only does use by the federal government for detaining people suspected of committing immigration law violations not constitute federal involvement in the planning or construction of the facility, but "nor do federal detention criteria and the decision to enter into ... agreements constitute final agency action. Adoption of federal standards cannot transform a state or local project into a federal one."
Security contractor GardaWorld primarily built Alligator Alcatraz and has participated in various shelter and detention center projects for government leaders at the state, federal and municipal levels.
Looking for quick answers on construction and engineering topics?
Try Ask ENR, our new smart AI search tool.
Ask ENR →
RELATED
Chicago Migrant Shelter Construction Halted, Union Files Picket Notice
While the ruling allowing Alligator Alcatraz does not extend beyond the 11th Circuit's jurisdiction, it's part of a trend in which federal officials either buy or use facilities built by state authorities to avoid the longer federal procurement process, which involves environmental review and several steps that some states do not require.
Last summer, Sen. John Cornyn (R-Texas) secured a $13.5-billion reimbursement for a border wall that Texas built during the Biden administration. The reimbursement was included as a line item in President Trump's reconciliation package, known colloquially as the "One Big, Beautiful Bill."
