A federal judge heard arguments Monday about whether Florida's Alligator Alcatraz immigration detention facility in the Everglades has permanently closed, as state attorneys presented aerial photos showing an empty airstrip where the complex once stood. Florida Division of Emergency Management officials submitted sworn declarations stating the images were captured over the weekend, showing what was once a sprawling complex of trailers, tents, generators, and lights reduced to just an airstrip with a few trucks scattered around. An attorney representing Florida told the judge that if the photos are not clear evidence of closure, he does not know what would be.
The status conference came in a federal lawsuit filed by immigration attorneys and former detainees who argued their civil rights were violated because of inadequate attorney-client access at the facility. The state and federal government now say the case is moot because the facility is closed. Nicholas Meros, representing Florida, said there is no reasonable likelihood the facility will reopen and denied in court that it closed for financial reasons or to avoid discovery. Meros said he could not speak for future administrations but stated the state has no intention to reopen it.
Amy Godshall, an ACLU attorney representing the plaintiffs, argued the photos and declarations do not provide sufficient assurance that immigrant detainees will not someday return to the Everglades. Godshall pointed out that when officials first opened the facility, they set it up in 10 days, and the state still controls the land. The state used emergency powers to take the land from Miami-Dade County, and the Miami-Dade Mayor's Office confirmed Monday afternoon it has not gotten the land back.
Godshall also noted a lack of transparency regarding the circumstances under which Alligator Alcatraz closed, as the state initially said in June it was relocating detainees for hurricane season, while Gov. Ron DeSantis also made public statements that the facility had served its intended purpose.
The closure came amid reports that the state had spent more than $1 billion on the facility and has not been reimbursed by the federal government. DeSantis announced in October that FEMA had approved a $608 million grant for Alligator Alcatraz, but court filings in a separate federal lawsuit revealed FEMA had not disbursed the funding because of ongoing litigation.
A FEMA spokesperson said the agency reviews reimbursement requests to ensure costs are allowable and validated expenses eligible for reimbursement prior to releasing funding. An ICE spokesperson told WPTV on Monday that the agency is still looking to expand bed space and is pursuing all available options to expand capacity, including partnering with states and local governments.