By Mark Schlakman
The state of Florida has opened a migrant detention center in the Everglades. Its official name is Alligator Alcatraz, a reference to the former maximum security federal penitentiary in San Francisco Bay.
While touring Alligator Alcatraz on July 1, 2025, President Donald Trump said, “This facility will house some of the menacing migrants, some of the most vicious people on the planet.” But new reporting from the Miami Herald/Tampa Bay Times reveals that of more than 700 detainees, only a third have criminal convictions.
To find out more about the state of Florida’s involvement in immigration enforcement and who can be detained at Alligator Alcatraz, The Conversation spoke with Mark Schlakman. Schlakman is a lawyer and senior program director for The Florida State University Center for the Advancement of Human Rights. He also served as special counsel to Florida Gov. Lawton Chiles, working as a liaison of sorts with the federal government during the mid-1990s when tens of thousands of Haitians and Cubans fled their island nations on makeshift boats, hoping to reach safe haven in Florida.
U.S. Department of Homeland Security Secretary Kristi Noem has characterized the migrants being detained in facilities like Alligator Alcatraz as “murderers and rapists and traffickers and drug dealers.” Do we know if the detainees at Alligator Alcatraz have been convicted of these sorts of crimes?
The Times/Herald published a list of 747 current detainees as of Sunday, July 13, 2025. Their reporters found that about a third of the detainees have criminal convictions, including attempted murder, illegal reentry to the U.S., which is a federal crime, and traffic violations. Apparently hundreds more have charges pending, though neither the federal nor state government have made public what those charges are.
There are also more than 250 detainees with no criminal history, just immigration violations.
Is it a crime for someone to be in the U.S. without legal status? In other words, is an immigration violation a crime?
No, not necessarily. It’s well established as a matter of law that physical presence in the U.S. without proper authorization is a civil violation, not a criminal offense.
However, if the federal government previously deported someone, they can be subject to federal criminal prosecution if they attempt to return without permission. That appears to be the case with some of the detainees at Alligator Alcatraz.
What usually happens if a noncitizen commits a crime in the U.S.?
Normally, if a foreign national is accused of committing a crime, they are prosecuted in a state court just like anyone else. If found guilty and sentenced to incarceration, they complete their sentence in a state prison. Once they’ve served their time, state officials can hand them over to U.S. Immigration and Customs Enforcement, or ICE. They are subject to deportation, but a federal immigration judge can hear any grounds for relief.
DHS has clarified that it “has not implemented, authorized, directed or funded” Alligator Alcatraz, but rather the state of Florida is providing startup funds and running this facility. What is Florida’s interest in this? Are these mostly migrants who have been scooped up by ICE in Florida?
It’s still unclear where most of these detainees were apprehended. But based on a list of six detainees released by Florida Attorney General James Uthmeier’s office, it is clear that at least some were apprehended outside of Florida, and others simply may have been transferred to Alligator Alcatraz from federal custody elsewhere.
This calls to mind the time in 2022 when Gov. Ron DeSantis flew approximately 50 migrants from Texas to Martha’s Vineyard in Massachusetts at Florida taxpayer expense. Those migrants also had no discernible presence in Florida.
To establish Alligator Alcatraz, DeSantis leveraged an immigration emergency declaration, which has been ongoing since Jan. 6, 2023. A state of emergency allows a governor to exercise extraordinary executive authority. This is how he avoided requirements such as environmental impact analysis in the Everglades and concerns expressed by tribal governance surrounding that area.
For now, the governor’s declaration remains unchallenged by the Florida Legislature. Environmental advocates have filed a lawsuit over Alligator Alcatraz, and the U.S. Supreme Court upheld a decision by a federal judge temporarily barring Florida from enforcing its new immigration laws, which DeSantis had championed. But no court has yet intervened to contest this prolonged state of emergency.
This presents a stark contrast to Gov. Lawton Chiles’ declaration of an immigration emergency during the mid-1990s. At that time, tens of thousands of Cubans and Haitians attempted to reach Florida shores in virtually anything that would float. Chiles’ actions as governor were informed by his experience as a U.S. senator during the Mariel boatlift in 1980, when 125,000 Cubans made landfall in Florida over the course of just six months.
Chiles sued the Clinton administration for failing to adequately enforce U.S. immigration law. But Chiles also entered into unprecedented agreements with the federal government, such as the 1996 Florida Immigration Initiative with U.S. Attorney General Janet Reno. His intent was to protect Florida taxpayers while enhancing federal enforcement capacity, without dehumanizing people fleeing desperate circumstances.
During my tenure on Chiles’ staff, the governor generally opposed state legislation involving immigration. In the U.S.’s federalist system of government, immigration falls under the purview of the federal government, not the states. Chiles’ primary concern was that Floridians wouldn’t be saddled with what ought to be federal costs and responsibilities.
Chiles was open to state and local officials supporting federal immigration enforcement. But he was mindful this required finesse to avoid undermining community policing, public health priorities and the economic health of key Florida businesses and industries. To this day, the International Association of Chiefs of Police’s position reflects Chiles’ concerns about such cooperation with the federal government.
Andrew Caballero-Reynolds/AFP via Getty Images
Now, in 2025, DeSantis has taken a decidedly different tack by using Florida taxpayer dollars to establish Alligator Alcatraz. The state of Florida has fronted the US$450 million to pay for this facility. DeSantis reportedly intends to seek reimbursement from FEMA’s Shelter and Services Program. Ultimately, congressional action may be necessary to obtain reimbursement. Florida is essentially lending the federal government half a billion dollars and providing other assistance to help support the Trump administration’s immigration enforcement agenda.
Florida is also establishing another migrant detention facility at Camp Blanding Joint Training Center near Jacksonville. A third apparently is being contemplated for the Panhandle.
ICE claims that the ultimate decision of whom to detain at these facilities belongs to the state of Florida, through the Florida Division of Emergency Management. Members of Congress who visited Alligator Alcatraz earlier this week have disputed ICE’s claim that Florida is in charge.
You advised Florida Division of Emergency Management leadership directly for several years during the administrations of Gov. Charlie Crist and Gov. Rick Scott. Does running a detention facility like Alligator Alcatraz fall within its typical mission?
The division is tasked with preparing for and responding to both natural and human-caused disasters. In Florida, that generally means hurricanes. While the division may engage to facilitate shelter, I don’t recall any policies or procedures contemplating anything even remotely similar to Alligator Alcatraz.
DeSantis could conceivably argue that this is consistent with a 287(g) agreement authorizing state and local support for federal immigration enforcement. But such agreements typically require federal supervision of state and local activities, not the other way around.
Mark Schlakman is Senior Program Director of the Florida State University Center for the Advancement of Human Rights at Florida State University.
Laurel says
This is a political stunt, pure and simple, and maga is falling for it hook, line and sinker, not to mention, paying for it.
Two thirds of detainees are lawn care people, drywallers, maids and handymen, and healthcare helpers.
In my opinion, Trump, DeSantis and Noem are immature, selfish morons. If you support this debacle, well, then…
Laurel says
There already are laws in place for the other third of detainees.
Stupid is as stupid does.
“Alligator Alley.” How idiotic!
Bo Peep says
From what I understand they can take $1000 and self deport. Crossing the border illegally is a felony so these are felons not migrants.
Skibum says
The lamest lame duck gov could not bring himself or his gerrymandered GOP legislature to do anything to help or protect FL citizens during his tenure, but he can designate nearly a HALF BILLION taxpayer dollars to lock people up in cages, inside tents along an abandoned airstrip in the swampy everglades! All of this cruelty is designed to ingratiate himself back into favor with drumph because he is term limited and will soon be out of a job, so undoubtably he wishes to somehow score an appointment to federal position as another maga sycophant in federal employment so he can make as much money as possible on the federal taxpayer dole while helping to eliminate programs and funding from everyday Americans who really need those essential services. He really is one despicable and sanctimonious POS.
Deborah Coffey says
We are living in a lawless, hateful, Fascist state under Ron DeSantis. Apparently, MAGA world is loving the cruelty of a vast, enormously corrupt government that is taking away their Constitutional rights, their economic affordability, and wasting their tax dollars on enforcing racism and bigotry and on violations of human rights. Love thy neighbor as you love yourself.
joe says
@Bo Peep – “Crossing the border illegally is a felony so these are felons not migrants.”
FACT CHECK -” A first offense is generally a misdemeanor, while subsequent or re-entry after deportation can be a felony.”
The automatic assumption that everyone here without proper documentation is a felon is simply wrong, despite Trump’s press mouthpiece saying several weeks ago “If you’re in this country illegally, you’re a criminal and will be deported.”
Skibum says
Bo Peep, you have now falsely stated TWICE that it is a felony for anyone to illegally cross the border into the U.S. Does your computer or phone not have a search function? Is it too difficult for you to simply do a quick Google search and pull up the federal statute pertaining to border crossing into the U.S. and the specific non-criminal and criminal penalties associated with that which could be applied to those who cross without authorization? I did it, so now I can say I know what I am talking about… how about you?
I’m not going to waste my time giving you correct information that YOU should have verified first before posting completely false and misleading nonsense as if you are a legal expert and know what you are talking about, which you clearly do not know squat about. Do your due diligence before repeatedly making false statements that just make you appear to be one of the “gullibly stupid” know nothings who post shit and then tell the sane among us that no, it’s not shit, it is caviar.
Jake from state farm says
@Deb – The classic “we’re living in a fascist dictatorship, but also somehow still free enough to loudly proclaim it on social media without consequence.” Nothing says totalitarian regime like unlimited tweets, protest marches, and nonstop 24/7 cable news outrage.
And of course, nothing brings people together quite like accusing half the country of gleeful support for racism, bigotry, and human rights violations—followed by a heartwarming reminder to “love thy neighbor.” Really ties the whole message together like a warm, neighborly hug wrapped in barbed wire.
This is what we get from Your Best Biden Ever™. For years, he and the left insisted that we had to pass some grand immigration bill before we could do anything about the border. Apparently, the idea of enforcing existing laws was just too much to ask. We were told the border was “secure”—while millions poured through it like it was a revolving door.
But surprise! Turns out, all it really took was a president willing to act like a president. No sweeping legislation, no endless debates—just leadership. Imagine that. While the left kept tying themselves in bureaucratic knots, a real executive simply stepped up and did what everyone knew needed to be done. Funny how that works.
Laurel says
Bo Peep: Crossing the border is not a felony, it is a civil offense. The 34x felon sits in the White House. Glad for your concern about criminals.
Jim H. says
Poor Ron DeSantis. Talk about transparency. You can see all the way through this guy like a piece of cellophane until you see orange. Folks, remember to vote next time – and vote smarter.
Sherry says
A “Concentration Camp” and an “Abomination to All Humanity”!
To the “absolutely ignorant”. . . crossing the US border is “NOT” a Felony, except in extenuating (look it up) circumstances!
PaulT says
It’s sad to see the United States of America brought so low. This was a country of optimists wh9 recognized that new immigrants were always needed for the health of the economy. We mostly used to get on, we didn’t always agree but we talked things through then worked things out.
The Tea Party then Trump put paid to that, by ushering in a culture of open hostility and encouraging the creeping rise of overt racism and white supremacy. Now many of our fellow citizens are too scared to speak out for fear of retribution from ‘the authorities’ and from their neighbors…
But this frenzy of deportations isn’t what Trump and his minions claim. It’s not about removing dangerous criminals from our cities and streets, it’s about removing brown and dark skinned people who have fled poverty, corruption and oppression in Central and South America and the Caribbean Islands, They came to the US to seek freedom and opportunity, just like the rest of us or our ancestors. If they entered illegally it’s because the US immigration process is broken and the far right including Trump have done everything in their power to stop any attempts by Congress to fix it.
What is heartbreaking is watching the descendants of immigrants praise and defenr our new totalitarian government and support the inhumanity of locking human beings in cages after tearing families apart. ICE is raiding supermarkets and schools, seizing people from churches and hospitals and these ‘deportees’ are granted no due process, they are just ‘disappeared’.
What Else Is New says
Thank you, Deborah Coffey. Well said. Concentration camps are unAmerican. Internment camps were unAmerican and remember, one was located at Camp Blanding. Ron Charity Fraud DeSantis is a failed governor who needs a distraction and a job soon…. “Please, Trump Bro, hire me. I’ll do anything to be in front of the American people, especially MAGAs.”
Big Mike says
Legally, the individuals held at Alligator Alcatraz are generally referred to as detainees, not “prisoners”. Immigration detention falls under civil law, not criminal law. Individuals are held for immigration-related violations, which are considered civil offenses, rather than being imprisoned for criminal convictions. Again…great headlines, bad information.
Pierre Tristam says
In a nation of laws, you’d be right. We are no longer a nation of laws.
Don't worry, be happy says
$450 million US dollars is only $45 million in Trump Meme coin.
jake says
@Pierre — I’m not sure I fully understand your comment. From what I can see, the laws regarding immigration are starting to be enforced more consistently. Individuals who cross the border illegally are now being told to return to their home countries and follow the legal process for immigration. Isn’t that exactly what it means to be a nation governed by the rule of law?
After reading through all the comments above, I noticed a recurring pattern: many are referring to those entering the country unlawfully as “immigrants.” I believe that’s misleading. Immigrants are people who follow the legal procedures to enter and live in the country. Those who bypass those laws and cross the border illegally are, by definition, violating our legal system.
This isn’t about lacking compassion — it’s about fairness. People who come here illegally are essentially jumping ahead of those who have waited, sometimes for years, to enter the country the right way. On top of that, many of these individuals are being supported by taxpayer-funded programs, which adds another layer of concern for citizens who are already contributing to the system.
So again, I’m struggling to see how enforcing existing laws and expecting people to follow due process is inconsistent with being a nation of laws. I often see Republicans being blamed for the lack of progress on immigration policy. But it seems like people forget that for the four years prior, they had control of both the White House and Congress. If there was such a strong desire for a new immigration system, why wasn’t anything passed during that time?
Pierre Tristam says
Oh yes. I forgot. The current junta is just enforcing existing laws. Those Ice pogroms are as American as fox news and the Everglades prison as ordinary as Kafka in the morning. Of course. Sorry to make you struggle. As for the last four years, you might recall, if you look past the disingenuous design of your aw-shucksy glasses, that the senescent Biden put forth an immigration bill more conservative than Reagan would have signed, only for those amoebas you call republican lawmakers to ice it the moment their massa ordered them to, because the bill would have disarmed one of his biggest campaign lies. And I actually wasted two minutes of my beer time to write this. Only have myself to blame.
The dude says
“The current junta is just enforcing existing laws that it wants to enforce, and turning a blind eye to ones to doesn’t.”
Fixed your typo for you there… as this administration works to decriminalize most white collar crimes and actively pardons violent felons in return for pledges of subservience.
Jake from state farm says
@Pierre – Glad we can agree that immigration laws are finally being enforced—and that it didn’t require a weak, ineffective immigration bill to do it. Turns out, just applying the laws already on the books makes a difference. And I am glad I was able to help with your sobriety.
@Dude – I find it amusing that when the border crisis becomes hard to defend, the conversation suddenly shifts to white-collar crime. Classic diversion.
To both of you: This crisis was created under your so-called “Best Biden Ever.” Now it’s finally being addressed. It’s not pretty, but cleaning up the mess left behind by liberal policies never is.
Pierre Tristam says
Jake claims we agreed. He’s maliciously dishonest. But that defines most of his comments.
Jake from state farm says
@Pierre – To quote you: “Oh yes. I forgot. The current junta is just enforcing existing laws.” You call it a “junta”; I call it the government. So, in that sense, we agree—existing laws are finally being enforced.
It’s going to take time—and yes, it will get messy—cleaning up the disaster left behind by “The Best Biden Ever” or whoever was really steering the ship. If liberals would spend less time standing around watching the chaos and more time actually helping, rather than metaphorically (or literally) watching cars burn, it would go a long way.
You accuse me of being maliciously dishonest. What exactly is dishonest about pointing out that illegal crossings dropped dramatically without passing a new immigration bill? One executive action—just a stroke of the pen—made a real impact. That wasn’t magic. It was leadership. So how did that happen without new legislation?
Refusing to acknowledge that a surge in illegal crossings can be curbed without rewriting the law isn’t just misleading—it’s intellectually dishonest. I fully agree the immigration system is broken and in need of reform. But denying that turning a blind eye to unchecked, unverified crossings is wrong? That’s where your argument falls apart.
I also find it laughable watching clips of Pelosi, Schumer, Obama, Biden, and others passionately defending border security and restricted immigration not long ago—back when cages were “acceptable” under Obama. Now, suddenly, we get theatrical outrage over “Alligator Alcatraz.” That hypocrisy is staggering—and yes, the media’s refusal to call it out is part of the same dishonesty.
Pierre Tristam says
Maybe I should draw Jake a picture of sarcasm, or refer him to Clay Jones’s cartoons about how “existing laws are being enforced.” Of course it wouldn’t help. His chicanery is beyond rational discussion, like claiming that “enforcing laws,” as opposed Gestapo 2.0, ended border crossings. I’m surprised Randy Fine hasn’t tapped Jake for his PR manufacturing shop.
Deborah Coffey says
@ Jake of State Farm
An adjudicated rapist with 22 other counts of sexual assault against him will never step up and do the right thing. Open your eyes to the evil you are supporting. Prayers for you…that you will see the Light.
Jake from state farm says
@Pierre – Was that sarcasm? Based on the articles you write, and those that FL shares with its readers, it’s tough for me to tell what’s an honest opinion and what’s sarcasm. Honestly, after reading them, I want to believe people are smarter than what’s being posted here. But then again, those are probably the same people who didn’t see Biden’s incompetence for what it is. You, though, I remember the 30 second rant on the radio about his lack of competence, so I don’t include you in that. However, still no articles or calls to action addressing it. Why not? Plenty criticizing the right but nothing criticizing the left which I assume must be perfect.
And while we’re at it—why couldn’t Biden just sign an executive order to stop the illegal border crossings? Why is it so hard to admit that the border wasn’t secure?
@Deb – So, securing the border and stopping the endless flow of people crossing illegally isn’t the right thing? Seriously? You’re okay with the idea of having no borders and letting people cross at will? And when they come here, we should spend taxpayer dollars to house and feed them while our own citizens are left struggling on the streets? That’s your stance? And that’s not the “right thing” in your view? Please tell me you are just being sarcastic.
Pierre Tristam says
The liar Jake has no bounds. I never in that piece on Biden even suggested he had a “lack of competence.” He was then and remains now infinitely more competent than the felon the liar Jake pimps for. The piece was about the politics of the election, and his appearance, both of which in a nation of degenerates who rely on appearances more than substance meant he was cooked no matter what he tried, and should have put ego and obstinacy aside, along with himself, two years before the election.
Jake from state farm says
@Pierre – Oh, now this is sarcasm, right? LOL… You really had me fooled for a second there. I was starting to think you were actually serious. But then, of course, the lightbulb went off – even you saw the debate. You saw him be guided off stage by Obama… I could go on and on, I could even suggest a good book for you to read by one of your fellow generalists. But you got me… this is more of your good sense of humor. How could I have been so naive?!
But hold up, let’s not forget that time you definitely responded to one of my comments after the election about Biden. You know, the one where you were you defended yourself by saying you shared / expressed concern about his competence on the radio. You still have not expressed that in print though. I will give you that.