Environmental groups’ request that a federal court shutter the “Alligator Alcatraz” detention center was paused Wednesday because of the government shutdown.
Led by the non-profit Friends of the Everglades, a coalition of activists had asked the U.S. Court of Appeals for the Eleventh Circuit to reconsider its September decision to keep open the migrant detention center, located in the heart of the Everglades, despite environmental concerns.
But the court on Wednesday agreed with the Department of Homeland Security that the case should be paused until government attorneys can work again.
“The motion to stay the appeal is granted. The movant is directed to file a notice with the court when the purpose for the stay is obviated,” the two-sentence order reads.
Although this comes just weeks after the court expedited the appeal and scheduled oral arguments for January, the federal government’s shutdown on Sept. 30 set off a cascade of missed pay, furloughed workers, and in-limbo cases.
So, on Oct. 10, government attorneys, noting that many Justice Department lawyers are banned from working until the government comes online again, asked for a pause on the case until “DOJ attorneys are permitted to resume their usual civil litigation functions.”
How did we get here?
The state created the sprawling, 3,000-bed facility atop the seldom-used Dade-Collier Training and Transition Airport in Big Cypress National Park, drawing scrutiny from Democrats, immigration groups, and environmental organizations since its July 1 opening.
Friends of the Everglades, the Center for Biodiversity, and the Miccosukee Tribe filed suit over the summer alleging the detention center violates federal environmental laws. A district judge agreed, ordering Florida to shut down the center by September’s end. But a federal three-judge panel on Sept. 4 reversed, noting that because the site had not received federal dollars, and was entirely state-run, federal environmental regulations don’t apply.
A week later, DHS and Florida Emergency Management Director Kevin Guthrie revealed that Florida had applied for federal reimbursement — though Friends of the Everglades believes the request was made earlier. On Sept. 30, the state received more than $608 million to pay for the construction, transportation, and equipment costs of the facility
The plaintiffs soon after appealed, asking the Eleventh Circuit to reconsider. When DHS pointed out that some government staff couldn’t work during the shutdown, Friends of the Everglades called the situation “regrettable” but argued it didn’t outweigh the environment “harms” caused by dragging out the case.
“An indefinite stay in this case … would cause Plaintiffs ongoing and irreversible harm where the federal action being challenged — the construction and operation of an immigration detention center in the Everglades that imperils sensitive wetlands, endangered Species, and communities in the area — would continue during the indefinite stay period,” the attorneys wrote.
When the Eleventh Circuit released its order against them, Eve Samples, executive director of the Friends of the Everglades, put out a statement calling the move a ruse to avoid accountability.
“There’s a growing mountain of evidence that Alligator Alcatraz was built in violation of the National Environmental Policy Act,” Samples said. “Meanwhile, the government is dragging its feet in court to dodge accountability — using the federal shutdown as an excuse to delay the appeal.
“We’re more resolved than ever to keep fighting to restore the lower court’s injunction to protect the Everglades.”
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.
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