TALLAHASSEE — A federal appeals court has agreed to expedite a legal fight over a controversial immigrant-detention center in Florida’s Everglades, though a final decision isn’t expected until at least early next year.
The 11th U.S. Circuit Court of Appeals on Tuesday partially granted a request from environmental groups to speed up the case. The Atlanta-based court set a schedule for briefs in October and November, with oral arguments slated for January.
The move comes after U.S. District Judge Kathleen Williams issued a preliminary injunction last month to wind down operations at the facility, known as “Alligator Alcatraz,” located in the Big Cypress National Preserve. A three-judge panel of the appeals court on Sept. 4 stayed that order, allowing the center to continue operating while the appeal proceeds.
Environmental organizations, including Friends of the Everglades and the Center for Biological Diversity, along with the Miccosukee Tribe, argue the center’s development violated the National Environmental Policy Act. The law requires federal agencies to assess potential environmental impacts before approving projects.
In a Sept. 10 motion, the groups sought faster deadlines, citing “ongoing and immediate harms” to the preserve’s ecosystem. “An expedited appeal is appropriate in this case to mitigate the irreparable harm resulting from the creation and operation of a federal immigration detention center within Big Cypress National Preserve,” the filing stated.
The court’s order, signed by Judge Barbara Lagoa, didn’t go as far as requested. The groups had pushed for briefs in September and October. Without expediting, such cases often take a year or more to resolve.
State and federal government attorneys opposed the request in filings Monday, denying environmental risks. They noted the center was built this summer on the site of an existing airstrip used for flight training.
The U.S. Department of Justice said the state has launched studies to avoid wildlife impacts, paved only previously disturbed land, and added measures like speed bumps, silt fencing and a planned drainage basin to protect wetlands. “(The state) has initiated studies to ensure that there would be no meaningful impact on local wildlife,” Justice Department lawyers wrote.
Williams’ injunction barred new construction or detention facilities and ordered the removal of temporary fencing, lighting, and generators within 60 days. The appeals court’s stay halted those requirements.
The facility has drawn criticism for its location in a sensitive ecological area, but supporters say it’s needed for immigration enforcement. No timeline was given for a ruling after January arguments.
