A.G. Gancarski
Yet again, an appeals court is offering a reprieve to a decision that goes against the Ron DeSantis administration, even as it raises questions about whether the federal government will ultimately pay for a project the state has committed hundreds of millions of dollars to.
Still, a loss for taxpayers may not mean as much as a win in court.
The 11th Circuit Court of Appeals has issued a preliminary injunction against a decision by Judge Kathleen Williams that would have required the state of Florida and Department of Homeland Security (DHS) to shut down Alligator Alcatraz, a pre-deportation prison for suspected illegal immigrants, pending appeal.
And the appeal is optimistic in terms of the facility’s viability.
“The Defendants are likely to demonstrate on appeal that the Plaintiffs have failed to state a viable claim based on the Federal Defendants’ alleged violation of (the National Environmental Protection Act) and the (Administrative Procedure Act),” the majority ruled Thursday, rejecting plaintiff claims.
After the favorable ruling, Gov. Ron DeSantis and Attorney General James Uthmeier trumpeted their vindication.
“Some leftist judge ruled implausibly that somehow Florida wasn’t allowed to use our own property to help the federal government in this important mission (because the state) didn’t do an environmental impact statement,” DeSantis said.
“Well, we said we would fight that, we said the mission would continue, and I’m pleased to say that the 11th Circuit Court of Appeals has just stayed that ruling and stayed the case. So alligator Alcatraz is in fact, like we’ve always said, open for business. The mission continues, and we’re going to continue leading the way when it comes to immigration enforcement.”
In a post to X, Uthmeier hailed the “win for Florida and President Trump’s agenda.”
“Victory secured against (an) activist judge who held me in contempt! The 11th Circuit not only blocked Judge Williams’ order to close Alligator Alcatraz, but they blocked her from proceeding with the case until the appeal is complete,” he declared.
Soon after, he said he knew there would be legal challenges, again invoking Donald Trump.
“Looking back at our initial proposal for Alligator Alcatraz, we knew the left would try to shut us down. But they failed. Great win for Florida and our mission to help President Trump detain, deport, and deliver for the American people.”
DeSantis also had harsh words for the press.
“The media was giddy that somehow Alligator Alcatraz was shutting down. And we told them that that wasn’t true. There have been illegal aliens continuing to be there and being removed and returned to their home country. But they ran with the narrative,” he said.
Lt. Gov. Jay Collins also celebrated.
“Big win for Florida: Alligator Alcatraz stays open, powering our mission to lead deportation efforts and crack down on illegal immigration.”
Though state officials are excited that their pilot prison for undocumented immigrants received a favorable ruling, questions remain about its future use.
Independent journalist Jason Garcia notes that more than $350 million in contracts have been signed.
The vendor-managed project was projected to cost $245 per bed, or $450 million a year, and was scheduled to be reimbursed from the Federal Emergency Management Agency. Initial expectations were that 5,000 people would be housed in those swampland tents with makeshift air conditioning and improvised plumbing, but numbers have fallen far short of initial estimates.
The ruling notes that Florida has yet to actually file for federal reimbursement, a condition that weighed on its decision.
“Here, no federal dollars have been expended on the construction or use of the Facility. DHS has ‘announced’ that it would commit $600 million to a ‘Detention Support Grant Program,’ which would help fund state efforts to house illegal aliens in ‘short-term holding facilities.’ But that planned program has not been ‘finalized’ yet, and DHS has not received, processed, or approved any applications for funding, let alone any regarding the Facility,” the majority noted.
“To the extent the district court took these statements to mean that Florida may one day be reimbursed for its expenditures on the Facility, such an expectancy is insufficient as a matter of law to ‘federalize’ the action…. obtaining funding from the federal government for a state project requires completing a formal and technical application process; a governor cannot apply for FEMA aid via press conference.”
An administration official, Department of Emergency Management Executive Director Kevin Guthrie, previously said the tent prison on the edge of the Everglades will soon have zero inmates.
The state also has at least two more facilities on deck, which will be supplemented by copycat clinks around the country.
Deportation Depot in Baker County has a capacity of 1,300 people. The newly announced Panhandle Pokey west of there will ultimately be able to house people as well.
