Pointing to “prudence,” a federal judge late Monday ruled that a battle about legal representation for people at an immigrant-detention center in the Everglades should move to a different court while also declaring part of the lawsuit moot.
U.S. District Judge Rodolfo Ruiz issued a 47-page order that resolved some issues in the high-profile lawsuit alleging First Amendment violations at the detention center dubbed “Alligator Alcatraz.” Detainees and their attorneys contend, in part, they have been prevented from having proper confidential communications to discuss cases.
The state in early July opened the facility at the Dade-Collier Training and Transition Airport, a remote site in the Everglades that is mostly in Collier County and partly in Miami-Dade County.
The detainees and attorneys filed the lawsuit in the federal Southern District of Florida, which includes Miami-Dade County. But state and federal officials argued that it should have been filed in the federal Middle District of Florida, which includes Collier County.
In his order, Ruiz, a judge in the Southern District, agreed that the case should be transferred to the Middle District as the disputed activities in the case are taking place on property in Collier County. The decision will lead to a different judge getting assigned to the fast-moving lawsuit.
“Plaintiffs have consistently maintained that the alleged barriers to counsel and inability to engage in confidential communications have taken place at Alligator Alcatraz, which is not in this (Southern) District,” Ruiz, who held a hearing Monday, wrote.
In addition to the First Amendment issues, the plaintiffs also argued in the lawsuit that the federal government had violated their rights by not identifying an immigration court that would handle their claims.
But over the weekend, U.S. Department of Homeland Security Secretary Kristi Noem filed a “notice of material development” saying judges at Krome North Processing Service Center would handle the detainees’ cases. Immigration hearings already take place at Krome, a Miami immigrant-detention center.
In his order, Ruiz dismissed the immigration-court allegations in the lawsuit, saying they were moot after the federal decision about Krome.
“Prudence in this matter has revealed changed circumstances, a moot claim and improper venue warranting transfer,” Ruiz wrote. “The court has thus sifted through critical preliminary issues to advance the case and position a sister court in the Middle District of Florida to reach the merits of plaintiffs’ remaining claims under the First Amendment.”
The lawsuit over access to legal representation is one of two key federal court battles about the detention center. In the other case, Friends of the Everglades and the Center for Biological Diversity allege state and federal officials did not comply with a law requiring that an environmental-impact study be performed before developing the facility, which is surrounded by Big Cypress National Preserve.
U.S. District Judge Kathleen Williams on Aug. 7 issued a temporary restraining order that put on hold for two weeks additional construction or infrastructure, paving or installation of new lighting at the site. Williams is expected to rule this week on whether to grant a longer-lasting preliminary injunction.
State Division of Emergency Management Director Kevin Guthrie said last week the facility held 1,000 people and has a capacity for 2,000. Gov. Ron DeSantis and other state officials have touted the facility as helping carry out President Donald Trump’s push to deport immigrants who are in the country illegally.
–Jim Saunders, News Service of Florida
Mike P says
Judge dismisses part of lawsuit over ‘Alligator Alcatraz’ immigration detention center
A federal judge in Miami dismissed part of a lawsuit that claimed detainees were denied access to the legal system at the immigration detention center in the Florida Everglades known as ”Alligator Alcatraz,” and then moved the remaining counts of the case to another court. Send the illegals back…respect the immigrants who followed our immigration laws and came to this great country legally!
BillC says
Alligator Alcatraz… a ha ha ha ha ha. That’s so funny. The kind of joke some teenagers would think up. A prank, a goof, a nick name. As funny as a “kick me” sign slapped on a buddy’s back. Not to be outdone on the fun, Nebraska Governor Jim Pillen has come up with “Cornhusker Clink” There’s a pie in the face for you silly destitute people fleeing the violent drug gangs that formed as a result of insatiable US demand for drugs. Poverty is hilarious on the destitute. Farm work don’t pay that good, especially if you’re undocumented and employed on a corn farm.
Sherry says
Judge Rules Shut Down of ALLIGATOR ALCATRAZ:
US judge orders shutdown of Trump’s ‘Alligator Alcatraz’ detention centre
1 day ago.
BBC News
Much of US President Donald Trump’s controversial “Alligator Alcatraz” migrant detention centre in Florida must be dismantled, and no more migrants should be taken there, a judge has ruled.
The ruling stated that the facility was causing severe environmental damage to the Florida Everglades – a Unesco World Heritage Site – and gave the Trump administration 60 days to wind down its operations.
The judge used a preliminary injunction, which temporarily restricts operations at the facility while a lawsuit brought by environmental groups against it is heard.
The state of Florida, which is partnering with the Trump administration in the building of the site, has already filed an appeal.
The 82-page ruling said no more detainees could be brought to the centre and it prohibited any new construction work or expansion at the site.
The decision is a major legal blow to Trump’s plans for the centre, which has attracted widespread criticism for allegedly harsh conditions and potential harm to the local ecosystem.
In Thursday’s ruling, District Court Judge Kathleen Williams, an appointee of former President Barack Obama, said the facility was causing irreparable harm to the Florida Everglades and its endangered species.
She also ordered the shutdown of “all generators, gas, sewage, and other waste receptors”, which would greatly affect the centre’s ability to operate.
Judge Williams cited a 1960s plan to build a tourist airport in the Everglades that was rejected due to fears of the environmental harms it could cause.
“Since that time, every Florida governor, every Florida senator, and countless local and national political figures, including presidents, have publicly pledged their unequivocal support for the restoration, conservation, and protection of the Everglades,” she wrote.
“This order does nothing more than uphold the basic requirements of legislation designed to fulfil those promises.”
Environmental groups that mounted the legal challenge welcomed the ruling.
“This is a landmark victory for the Everglades and countless Americans who believe this imperilled wilderness should be protected, not exploited,” said Eve Samples, executive director of Friends of the Everglades.
“It sends a clear message that environmental laws must be respected by leaders at the highest levels of our government – and there are consequences for ignoring them”.