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A federal judge has ordered Florida to stop construction at a controversial immigration detention center in the Everglades for 14 days, siding temporarily with environmental groups who warn that the project could damage sensitive wetlands and threaten endangered species.
Judge Kathleen M. Williams of the U.S. District Court in Miami issued the temporary restraining order from the bench on Thursday, barring the state from installing additional lighting, paving, fencing, or other fixtures at the facility, known locally as “Alligator Alcatraz.” A written order is expected soon.
The ruling stems from a lawsuit filed in June by several environmental organizations, which allege that the state moved forward with construction without completing the environmental review required under federal law. The plaintiffs are seeking a preliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → that would halt both operations and construction at the center, which is operated by the state but houses federal immigration detainees.
State officials have been pushing to double the facility’s capacity to 4,000 detainees by the end of the month. They contend that any ongoing construction has minimal environmental impact. But testimony this week suggested otherwise. Environmental activist Jessica Namath told the court she saw dozens of trucks carrying fill and a soil compactor entering the site as recently as last Friday.
Because of scheduling conflicts, the state will not present its witnesses until next week. On Thursday, plaintiffs urged the court to suspend construction in the interim. When government lawyers declined to agree to such a pause voluntarily, Judge Williams heard arguments and granted the temporary order.
“It’s a temporary but appropriate pause on any further destruction of a sensitive area, to allow the parties to present their evidence and arguments on the preliminary injunction request,” said Paul J. Schwiep, lead counsel for the plaintiffs.
Governor Ron DeSantis’s office downplayed the impact of the ruling. “Alligator Alcatraz will remain operational, continuing to serve as a force multiplier to enhance deportation efforts,” said communications director Alex Lanfranconi, who also criticized Judge Williams as an “activist judge.” The governor’s office confirmed that detainees will remain at the facility and immigration enforcement will continue.
The Everglades detention center is facing two separate federal lawsuits. In addition to the environmental case, another suit challenges detainees’ due process rights and immigration lawyers’ access to their clients.
Judge Williams has clashed with the state in other high-profile immigration disputes. In June, she held Florida Attorney General James Uthmeier in civil contempt for violating her order in a different case blocking enforcement of a provision in the state’s immigration law. Uthmeier has appealed that ruling.
Lawyers for the Department of Homeland Security have sought to distance the federal agency from the Everglades facility, asserting that its location and operations are under state control.
The hearing on the preliminary injunction is set to continue next week, when the state will present its case for allowing construction to proceed.
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Lawrence is an attorney and CEO of Law Commentary. His legal background includes corporate and general business law, litigation, transactional matters, and law practice management. His litigation experience has included complex matters involving antitrust, insurance bad faith, and medical malpractice. On the transactional side, Lawrence has worked with buy-sell agreements, Regulation D disclosures, stock option plans, and business matters. Lawrence draws on his legal and business experience to help make court decisions, litigation, legislation, public policy, and other legal developments more accessible to the general public and to give readers clear context for understanding the law and how it affects businesses, consumers, and communities.
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