NBC News: Judge rules ‘Alligator Alcatraz’ can stay open but halts construction and bars new detainees

Within 60 days, the facility must also remove “all generators, gas, sewage, and other waste and waste receptacles,” which calls into question how it would operate.

A federal judge in Miami ruled Thursday that “Alligator Alcatraz,” the contested migrant detention facility in the Florida Everglades, can remain operational for now but that it cannot be expanded and no additional detainees can be brought in.

U.S. District Judge Kathleen M. Williams entered a preliminary injunction to prevent the installation of any additional industrial-style lighting and any site expansion. Her ruling further prevents “bringing any additional persons … who were not already being detained at the site at the time of this order.”

The ruling was filed late Thursday, allowing the injunction that was requested over National Environmental Policy Act violations.

Within 60 days, “and once the population attrition allows for safe implementation of this Order,” the facility must also remove “all generators, gas, sewage, and other waste and waste receptacles that were installed to support this project,” the 82-page ruling said.

It must also remove additional lighting that was installed for the detention facility. Light pollution was a hot topic during the hearings this month.

It’s unclear how the facility will remain operational if those resources are removed.

The government must also remove temporary fencing installed to allow Native American tribe members access to the site consistent with the access they had before the facility was erected.

The defense has appealed the ruling, court records show.

Neither the Justice Department nor the Department of Homeland Security immediately responded to requests for comment. The offices of Florida Gov. Ron DeSantis and the Florida Division of Emergency Management also didn’t immediately respond to requests for comment.

Williams’ decision came down the same day a temporary construction freeze she previously issued expired and after a four-day hearing over environmental concerns about the facility’s location in the sensitive wetlands.

Williams had issued a temporary restraining order this month to temporarily halt operations over a lawsuit alleging the detention facility’s construction skirted environmental laws. That ruling meant no filling, paving or installation of additional infrastructure was allowed, but it didn’t affect the center’s immigration enforcement activity.

A ‘major victory’

The environmental groups that sued demanding an injunction celebrated the ruling in a joint statement late Thursday as “a major victory for Florida’s imperiled wildlife and fragile ecosystems which are threatened by the detention center.”

“Today’s decision means the facility must wind down operations in an orderly fashion within 60 days,” the statement said, saying the center posed a threat to the Everglades ecosystem, endangered species, clean water and dark night skies.

“The state and federal government paved over 20 acres of open land, built a parking lot for 1,200 cars and 3,000 detainees, placed miles of fencing and high-intensity lighting on site and moved thousands of detainees and contractors onto land in the heart of the Big Cypress National Preserve, all in flagrant violation of environmental law,” said Paul Schwiep, counsel for Friends of the Everglades and the Center for Biological Diversity. “We proved our case and are pleased that the court has issued a preliminary injunction against this travesty”

Thursday’s “preliminary injunction will remain in place while the lawsuit challenging the detention center is heard,” the statement said.

The Miccosukee Tribe of Indians of Florida also praised the ruling Thursday.

“This is not our first fight for our land and rights. The Miccosukee Tribe remains steadfast in our commitment to protect our ancestral lands in Big Cypress from development as a permanent detention facility,” Chairman Talbert Cypress said in a statement. “We will continue to fight to ensure that the government does not dodge its legal requirements for environmental review on seized public lands, sacred to our people.”

“When it comes to our homeland, there is no compromise,” he added.

Environmental outcry

Environmental groups and Native Americans had protested the construction of the site, which is part of the Trump administration’s crackdown on immigration, because of the Everglades’ delicate and unique ecosystem, which is home to endangered and threatened species.

Environmental groups sued in June to stop the facility, which opened in July on an airstrip in Ochopee’s Big Cypress National Preserve.

The suit said that the center was built without ecological reviews required under the National Environmental Policy Act and without public notice or comment and that the government failed to comply with other state and federal statutes, including the Endangered Species Act.

The Trump administration downplayed the environmental concerns and argued that the facility was necessary because voters want the federal government to curb illegal immigration.

Schwiep, the attorney, said in court Aug. 13 that the “suggestion there is no environmental impact is absurd.”

“So why here? There are runways elsewhere. … Why the jetport in this area?” Schweip asked. “Alligator Alcatraz. A name just meant to sound ominous. I would submit, judge, this is just a public relations stunt.”

Significance to Miccosukee Tribe

On Aug. 12, the court heard from Amy Castaneda, director of water resources for the Miccosukee Tribe of Indians of Florida. Castaneda said that she has worked with the tribe for 19 years and that the entrance to the jetport where the facility is built is a quarter-mile from the tribe’s land.

Asked what the Everglades land means to the Miccosukee tribe, she replied, “It’s written into the constitution to protect the Everglades because the Everglades protected them when they were hunted by the government.”

Castaneda said that for nearly two decades, there has been “minimal” activity at the jetport but that that changed after June with the construction of the detention facility.

“There’s much more activity there, vehicles going in and out, cars usually isolated on the southside of Tamiami Trail taking photos with the sign. Tankers, protesters, media, people setting up tents to sell merch for Alligator Alcatraz. Just different levels,” she said.

Castaneda said no one from the federal government, the state or any other governmental entity contacted the tribe about the construction.

She said water resources officials for the tribe have collected samples downstream from the facility to test and determine whether there has been a nutrient shift or potential health concerns.

Marcel Bozas, the director of fish and wildlife for the Miccosukee Tribe of Indians of Florida, also testified Aug. 12, noting the airstrip is a couple of miles from the tribe’s sites.

While tribal members can’t access the airstrip, some trails are no longer accessible. Asked about the impact of hunting on the land, Bozas said, “Tribal members are concerned the wildlife they could be formerly hunting for are no longer in that area.” There’s also concern that medicinal plants are affected.

https://www.nbcnews.com/news/us-news/judge-rules-alligator-alcatraz-florida-no-new-detainees-rcna224550

Latin Times: ‘Alligator Alcatraz’ Could Be Shut Down, But Not Due To Its Harsh Conditions For Migrants

A judge is set to hear arguments to decide whether to halt operations due to environmental concerns

The Florida migrant detention center known as “Alligator Alcatraz” could potentially be shut down due to environmental concerns, with a judge set to hear arguments on the matter on Wednesday.

ABC News detailed that there will be an evidentiary hearing over whether to block operations at the facility because construction allegedly by passed the environmental impact studies required by the federal government.

The outlet added that the hearing will be limited to environmental issues, but testimonies are also expected to further illustrate conditions at the facility. Plaintiffs are alleging that operations are endangering the Big Cypress National Preserve and the Big Cypress Area, considered ecologically sensitive and protected. They hold threatened species including the Everglade snail kite, the Florida panther, wood stork and the Florida bonneted bat.

The Miccosukee Indian Tribe, which has leased land next to Alligator Alcatraz, joined the lawsuit last month, claiming that it threatens to damage tribal villages.

“The hasty transformation of the Site into a mass detention facility, which includes the installation of housing units, construction of sanitation and food services systems, industrial high-intensity lighting infrastructure, diesel power generators, substantial fill material altering the natural terrain, and provision of transportation logistics (including apparent planned use of the runway to receive and deport detainees) poses clear environmental impacts,” reads a passage of the lawsuit.

Florida Department of Emergency Management executive director Kevin Guthrie, named as a defendant in the case, said the state is not subjected to the required regulations. He added that the environmental impact is low because the location was already an active airfield.

Advocates are also calling for the facility to be shut down as they decry “unlivable” conditions that include mosquitoe-ridden units and lights being on all the time.

“Detention conditions are unlivable,” Tessa Petit, executive director of the Florida Immigrant Coalition, said in a press conference in late July, as reported by NBC News.

In another passage of the conference, Rafael Collado, an inmate being held there, said through his wife’s mobile phone that the place is “like a dog cage.” He added that poor sanitation and floodwater from recent storms led him to get fungus on his feet.

Collado went on to claim detainees are stripped naked when moved between cells and that he has no schedule to take blood pressure medication. He was then told by a guard to end the call.

Juan Palma, another detainee, told the outlet that he feels like his life is in danger. He added he feels in a constant “state of torture.”

https://www.latintimes.com/alligator-alcatraz-could-shut-down-not-due-its-harsh-conditions-migrants-588047

Harpar’s Bazaar: What Should Artists Do When Alligator Alcatraz Moves Next Door?

The Florida Everglades are home to a diverse community of artists. The Trump administration targeted this area to build a controversial ICE detention center, and residents are fighting back.

On June 14, Dakota Osceola was wrapping up the day, selling her bead art and necklaces at a festival in Miami, when she heard the news from a friend.

A new immigrant detention facility, to be named Alligator Alcatraz, would be built on a 10,500-foot-long old airport strip inside the Big Cypress National Preserve in the Florida Everglades.

“How is this happening right now?” she thought.

Home of the indigenous Miccosukee and Seminole people, the Everglades are the largest wetland ecosystem in the United States and the land where Osceola’s family grew up. This territory is considered a sacred place to tribe members and a national wildlife treasure to Floridians. But in less than 10 days, a portion of the Everglades was seized by the state and paved over to make room for a new prison built to hold up to 3,000 immigrants, a move supported by the Trump administration as a means to detain undocumented people.

On June 28, in the scorching heat, Osceola decided to go voice her opposition to this detention camp. Grassroots organizations such as Friends of the Everglades and Unidos Immokalee voiced environmental and human-rights concerns. Alongside independent activists, artists from the South Florida community joined with their protest art and signs to defend the home that has inspired them and that they love.

Outside the gates of the detention facility, and in the center of the Everglades, hundreds of Floridians gathered, chanting and holding up signs. Miccosukee tribal elder and environmental activist Betty Osceola, with Love the Everglades Movement, used her megaphone to address the crowd and keep people safe. Demonstrators lined up on the narrow road, north of the Tamiami Trail, as dozens of trucks with machinery entered the old Dade-Collier Airport, where the facility was being built. In the weeks since, different organizations have continued to arrange protests and gatherings weekly in front of these gates. There have been peaceful prayer vigils with no signs allowed, a protest asking to shut down the Everglades concentration camp, and family members of detainees gathered along with grassroots human-rights organizations, and a Catholic archbishop is waiting to see if he can hold a mass at the gates.

Outside the gates of the detention facility, and in the center of the Everglades, hundreds of Floridians gathered, chanting and holding up signs. Miccosukee tribal elder and environmental activist Betty Osceola, with Love the Everglades Movement, used her megaphone to address the crowd and keep people safe. Demonstrators lined up on the narrow road, north of the Tamiami Trail, as dozens of trucks with machinery entered the old Dade-Collier Airport, where the facility was being built. In the weeks since, different organizations have continued to arrange protests and gatherings weekly in front of these gates. There have been peaceful prayer vigils with no signs allowed, a protest asking to shut down the Everglades concentration camp, and family members of detainees gathered along with grassroots human-rights organizations, and a Catholic archbishop is waiting to see if he can hold a mass at the gates.

A member of the Seminole tribe, Osceola was aware of how hard the tribes fought in the 1970s to stop the construction of the old airport due to the environmental damage it would cause to the fragile ecosystem of the Glades. That battle was won when the construction came to a halt due to growing opposition from environmentalist groups. But now, into that abandoned air strip, the construction trucks started coming in, creating more and more traffic inside the Big Cypress National Preserve. Then, a sign with the words “Alligator Alcatraz” went up overnight, sparking sinister national jokes, memes, and merch about the alligators eating anyone who tries to escape this jail.

Protesters had different reasons to voice their opposition to the detention center: It would harm a fragile ecosystem and is not environmentally sound; it is an inappropriate use of FEMA funds; conditions there are inhumane. When Florida lawmakers visited the facility on a limited tour, they described 32 people per cage in the sweltering heat, exposed to bug infestations and fed meager meals, with prisoners crying for help and even one person pleading, “I’m a U.S. citizen!”

An important point ignored in national coverage is that the construction involves a seizure by the state of Miami-Dade-owned land under the guise of an emergency. The Miccosukee tribe joined other environmental groups, such as Love the Everglades, in suing federal and state agencies for failing to conduct an environmental review, as required by federal law, before initiating the project. Meanwhile, the ACLU is suing the Trump administration because of a lack of access to counsel at the detention center.

“I see my relatives, my family, in those cages. They came here undocumented, overstayed their visas, and eventually became citizens,” says Aubrey Brown, a Florida-based storyteller and artist who contributed to the protest sign art. Brown, who shares stories about Florida’s history with her 40,000 followers on social media, couldn’t stay silent and decided to speak up against the detention center, risking backlash. “I’ve always tried to stress that history and politics are inextricably intertwined,” she adds. Challenging the false narrative used by the president to make others believe there is nothing but fierce alligators and swamps in the Everglades, Brown argues, “People must understand that the Everglades is not a wasteland; this is people’s home. The Glades are wild, sacred, and free. It’s where the Seminoles went to hide from being captured, and it is where I go when I want to get away from everything.”

Acting as if no people exist in the Everglades, the federal government decided to seize land belonging to Miami-Dade County, completely ignoring the sovereignty of tribal nations at Big Cypress and that both their ceremonial and ancestral burial grounds stand near the facility.

“When it comes to my Seminole and Miccosukee friends, people treat them like they are not here anymore and are a relic of history,” Brown adds.

Once considered a swing state, Florida is now ground zero for the MAGA base supporting cruel anti-immigration policies. Built undercover, this facility was estimated to cost taxpayers $450 million a year. However, according to a review of purchases, the state has already spent $250 million on it in less than one month.

President Trump said that the facility would cage “some of the most vicious people on the planet” to be deported. Yet, a report released by the Miami Herald debunked this narrative, showing that hundreds of the detainees have no criminal charges.

Kidnapped without a warrant, stripped of their civil rights, and placed into a black hole where attorneys cannot reach their clients, only a third of detainees have a criminal conviction. But the public cannot see the nature of the sentence they received. ICE has so far offered the press only top-level statistics, which do not show whether a sentence is for a traffic violation or a murder attempt. Not only do the reports withhold details about the alleged offenses of each detainee, but ICE has not made public the records specifying how it targets the people it takes to detention centers, especially those without criminal charges. In response, The Guardian has decided to sue the Trump administration for withholding public documents from the press, which are a matter of clear public interest right now.

Maria Theresa Barbist, a Miami-based artist and psychologist who explores trauma, memory, and collective healing in her works, attended and made signs for the protest. “I am from Austria, and we have a dark history there. We have done this before. We have put people in concentration camps, and we know how this story ends. It’s our responsibility as descendants of Nazis never to let that happen again,” she says.

“The Nazis did not start with Auschwitz; they started with driving people out of their homes and putting them into camps. It was not just Jewish people, it was immigrants too,” she adds.

“This is not the first concentration camp being placed; they are just getting warmed up. Project 2025 is going to extend for at least the next four years,” says Eddie Aroyo, an artist who explores themes of power structures and attended the protest. “This is about absolute conquest,” he adds, referring to a conservative white nationalist agenda that opposes abortion and reproductive rights, LGBTQ rights, immigrants’ rights, and racial equity.

Democratic Florida representative Maxwell Frost visited the detention center on July 13 and shared on social media, “I didn’t see any Europeans who overstayed their visa. I saw nothing but Latino men and Haitian men. They are targeting specific types of people. And it’s the type of people that look like me.”

A few miles away from the detention camp, artist and native Floridian Sterling Rook, who attended the protest, is currently completing an artist residency in the Everglades National Park. Hosted by AIRIE (Artists in Residence in Everglades), this program allows artists to explore work related to the environment. The first day he entered the residency was also the day the first buses carrying migrants arrived in the Everglades. “It’s beautiful out here, but now I think about this every day, how 30 miles away from here there are people in tents in a terrible situation,” he says. “I’m not necessarily a political artist, but you become political just by the nature of your situation,” he adds. Rook used his residency time to work on a Glades skiff boat, which is known for navigating the marshy waters of the Everglades.

“As a performance, I would love to ride it out into ‘Alligator Alcatraz,’ maybe leave it there as a symbol of rescue and escape. But I also struggle with self-censorship,” he says.

This self-censorship comes from a place of very real fear about political persecution of artists who speak up. “There are genuine and considerable threats when speaking out against any of these violent governmental policies, especially in Florida,” says Johann C. Muñoz-Tapasco, an artist and organizer affiliated with the local collective Artists for Artists Miami (A4A: MIA). “Numerous artists have chosen to disengage from sought-after exhibition platforms and institutions altogether. Others have lost their jobs and clients. Many more have self-censored as a form of self-preservation.”

Federal and state funding cuts to the arts, combined with the elimination of National Endowment for the Arts grants and Florida’s political climate, have led many artists, organizations, and institutions that depend on this funding to limit freedom of expression, fearing retaliation or even more economic cuts. AIRIE did not respond to my request for a statement on its stance on this issue. The majority of Florida’s art institutions and organizations have remained silent.

A4A: MIA is currently discussing collaborative projects and planning actions against this detention facility, but it recognizes that American artists have been woefully unprepared to respond to the rise of fascism. “Since the postwar era, the ways artists validate their work and fund their practices have been tied to the tastes and whims of those in power,” misael soto, a Miami-based artist, educator, and organizer affiliated with this organization, stated. “Now those at the top whom we’ve been dependent on, on whichever side of the political spectrum, are mostly kneeling to fascism. Artists have to come to terms with how they sustain their practices and how this is intrinsically tied to their art.”

Mae’anna Osceola-Hart, a photographer and member of the Panther Clan and the Seminole tribe, participated in organizing the protest and lives within walking distance of the detention camp. Her grandfather was one of the tribe members who fought the development of the Dade-Collier Airport. These days, the traffic on the Big Cypress reserve is becoming increasingly dangerous, and she describes seeing the wildlife already being displaced. “The deer and bears now walk on the side of the road,” she says.

“My heart sinks, seeing how this concentration camp is affecting the land that protected us indigenous people since time immemorial, the environmental impacts it’s already causing, along with how it’s already harming human beings and their rights. Just yesterday, I saw three cars coming in with people wanting to take a photo in front of the [Alligator Alcatraz] sign, treating it like a roadside attraction,” she says.

“It feels like a fever dream.”

https://www.harpersbazaar.com/culture/features/a65488687/artists-fight-alligator-alcatraz

Associated Press: The Miccosukee Tribe of Florida wants to join a federal lawsuit against ‘Alligator Alcatraz’

The Miccosukee Tribe of Indians of Florida is seeking to join a federal lawsuit aimed at halting the construction and operation of a new immigration detention facility in the Everglades, which tribal members consider their sacred ancestral homelands.

Miccosukee leaders had already condemned the makeshift compound of trailers and tents that rose out of the swamp in a matter of days. But the filing Monday of a motion to intervene in the case initially brought by environmental groups signals a new level of opposition by the tribe, which is also a major political donor in the state.

Republican Gov. Ron DeSantis’ administration rapidly built the facility, which state officials have dubbed “Alligator Alcatraz,” on an isolated, county-owned airstrip inside the Big Cypress National Preserve, about 45 miles (72 kilometers) west of downtown Miami.

The Miccosukee have lived on and cared for the lands of Big Cypress “since time immemorial,” the filing reads, noting that the tribe played an integral role in pushing for the creation of the national preserve, the country’s first.

“The area now known as the Preserve is a core piece of the Tribe’s homeland. Today, all of the Tribe’s active ceremonial sites and a significant majority of the Tribe’s traditional villages (sometimes known as “clan camps”) are within the Preserve,” the filing reads.

To DeSantis and other state officials, locating the facility in the rugged and remote Everglades is meant as a deterrent, a national model for how to get immigrants to “self-deport.” The Republican Party of Florida has taken to fundraising off the detention center, selling branded T-shirts and beer koozies emblazoned with the facility’s name. Officials have touted the harshness of the area, saying there’s “not much” there other than the wildlife who call it home.

In fact, the Miccosukee have lived on those lands for centuries, the tribe’s attorneys wrote in their motion, which notes that there are 10 tribal villages within a three-mile (4.8-kilometer) radius of the detention center, one of which is approximately 1,000 feet (304 meters) from the facility.

The preserve is a place where tribal members continue to hunt, trap and fish, as well as catch the school bus, hold sacred rituals and bury their loved ones.

“The facility’s proximity to the Tribe’s villages, sacred and ceremonial sites, traditional hunting grounds, and other lands protected by the Tribe raises significant concerns about environmental degradation and potential impacts,” the filing reads.

The lawsuit originally filed by the Friends of the Everglades and the Center for Biological Diversity seeks to halt the project until it undergoes a stringent environmental review as required by federal and state law. There is also supposed to be a chance for public comment, the plaintiffs argue.

As of Tuesday afternoon, the judge in the case had not acted on the groups’ requests for a temporary restraining order and preliminary injunction to stop activity at the site.

The state raced to build the facility at the isolated airfield before the first detainees arrived on July 3. Streams of trucks carrying supplies like portable toilets, asphalt and construction materials drove into the facility’s gates around the clock as workers assembled a network of massive tents that officials said could ultimately house 5,000 detainees.

What had been an internationally designated “dark sky” park far away from urban development is now blasted by lights so powerful, the glow can be see from 15 miles (24.1 kilometers) away, the environmental groups said.

The area’s hunting and fishing stocks could be so significantly impacted, attorneys argue the tribe’s traditional rights — guaranteed by federal and state law — could be “rendered meaningless.”

https://apnews.com/article/alligator-alcatraz-lawsuit-miccosukee-tribe-florida-immigration-164069ac7e4cddc1f7278b218b9cf8f7