The US Court of Appeals for the Eleventh Circuit ruled Thursday that the migrant detention center in the Florida Everglades known as “Alligator Alcatraz” may remain open while the case challenging it moves through federal appeal.
The order removes a preliminary injunction issued in August by the US District Court for the Southern District of Florida. The injunction had halted expansion of the facility on the grounds that federal defendants had failed to complete an environmental impact report as required by the National Environmental Policy Act (NEPA).
In its order, the appellate court considered whether federal defendants “made a strong showing that [they were] likely to succeed on the merits” and whether they would suffer “irreparable injury absent a stay” on the injunction, among other equitable factors. The court ruled affirmatively on each question, writing:
Our job…is to balance the equities, as well as the overall public interest, and we are compelled in this case to conclude that these factors favor the Defendants: While the environmental effects mentioned by the Plaintiffs may result in down-the-line harm, the injuries facing the Defendants and the public are critical, immediate, and concrete. We conclude that the balance of the harms and our consideration of the public interest favor a stay of the preliminary injunction.
The court specifically looked to the text of NEPA and its 2023 amendments to evaluate plaintiffs’ claims. The updated statute only requires environmental impact reports for “major federal actions,” which exclude projects in which the federal government offers minimal funds or minimal involvement. The court ruled that the use of the word “or” in the statute indicated that an action would not be a “major federal action” if either minimal funding or minimal involvement factors were independently established.
While the federal government was involved in facility creation, Florida’s money continues to fund its operation and construction. The court ruled that since the project lacks federal dollars, it is not a “major federal action.” In a dissenting opinion, Judge Adalberto Jordan noted that federal officials and Florida Governor Ron DeSantis have continued to claim that the federal government will reimburse Florida for the facility.
In deciding that defendants would suffer irreparable harm, the court determined that the injunction prevented Florida officials from carrying out statutory obligations under statewide emergency statutes and hindered the federal government from satisfying its interest in immigration control.
The case arose from a complaint filed in July by two environmental nonprofit groups, later joined by the Miccosukee Tribe of Indians of Florida, against Department of Homeland Security Director Kristi Noem, ICE acting director Todd Lyons, and state officials. Plaintiffs have expressed concern over the environmental impacts of the facility on the nearby Big Cypress National Preserve.
DeSantis’ 2023 state of emergency declaration led to the creation of the Florida Division of Emergency Management, which has been given broad authorization to “seek direct assistance and enter into agreements with any and all agencies of the federal government as may be needed to” address an alleged statewide immigration crisis. The emergency powers led to the construction of the facility, which was coined “Alligator Alcatraz” by Florida Attorney General James Uthmeier in July.
