By Mike Schneider and David Fisher
Miami (AP) In the first of two hearings on the validity of Alligator Alcatraz, a lawsuit filed by environmental groups, government attorneys contended Wednesday that a legal challenge to a hurriedly constructed immigration detention facility in the Florida Everglades was filed in the incorrect forum.
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During Wednesday’s hearing in federal court in Miami, government attorneys contended that, despite the fact that Miami-Dade County owns the property, the detention center is situated in neighboring Collier County, which is in the state’s middle district, making Florida’s southern district the incorrect venue for the federal lawsuit by environmental groups.
Attorney Jesse Panuccio, who represented the state of Florida, stated that everything is taking place outside the southern district, whether it be in Collier County, Tallahassee, or the District of Columbia.
Although the lawsuit could have been filed in any of the districts, including Florida’s middle district, friends of Everglades lawyer Paul Schwiep concurred that the southern district was the best location because the temporary facility could have a major impact on Miami-Dade County’s cities, environment, and drinking water.
Additionally, Schwiep noted that the state only voiced its displeasure with the venue after U.S. District Judge Kathleen Williams was assigned to the case after a judge chosen by President George W. Bush recused himself earlier this month. After finding Florida Attorney General James Uthmeier in contempt for disobeying her instructions in another case, Williams has been referred to as an activist judge by Republicans, including Florida Governor Ron DeSantis.
Panuccio stated that the state will try to move the location of any lawsuits pertaining to the detention facility filed in the southern district and denied any attempts at judge-shopping.
On Wednesday, Williams did not make a decision regarding the venue challenge. A related lawsuit filed by civil rights groups alleging that inmates at Alligator Alcatraz have been denied access to counsel and immigration courts may also be impacted by the decision to transfer the case.
In the civil rights action, the defendants from the federal and state governments contend that the lawsuit was filed in the incorrect location. The civil rights organizations filed a fresh class-action case on Tuesday, claiming that the inmates’ constitutional rights were being infringed, at the judge’s request.
In a new filing requesting class-action status, the defendants stated that they have completely failed to create any procedure or policy for detainees to obtain legal representation at the institution. Lawyers have not been able to find a practical method for scheduling phone or video calls with their clients or potential clients.
Last month, environmental organizations filed a complaint against federal and state officials in Florida’s southern district, requesting that the project that was being constructed on an airport in the center of the Florida Everglades be put on hold because it did not adhere to federal and state environmental regulations. In addition to the venue hearing on Wednesday, a second hearing regarding the environmental groups’ request for a temporary injunction has been set for next week.
The facility can house up to 3,000 individuals, and the first of hundreds of detainees came just days after the complaint was filed.
Although Florida officials established the holding facility, several questioned whether state or federal immigration officers are making the decisions. To emphasize the facility’s isolation and difficulty of escape, Florida officials named it after the shuttered island jail outside of San Francisco.Last week, deportation flights from Alligator Alcatraz began.
In a step that may provide some insight into the connection between federal and state authorities in managing the facility, Williams on Monday ordered that any agreements between the Florida Department of Emergency Management and the U.S. Department of Homeland Security be produced in court.
Florida Governor Ron DeSantis and other Republican state officials have defended the facility as part of the state’s aggressive push to support President Donald Trump’s crackdown on illegal immigration, while critics have denounced it as cruel and inhumane and a threat to the ecologically sensitive wetlands.
Follow Mike Schneider at @mikeysid.bsky.social on the social media network Bluesky.
