A federal appeals court is allowing the state of Florida to continue operating the controversial immigrant detention center known as “Alligator Alcatraz.”<\/p>\n\n\n\n
In a 2-1 decision, the U.S. Court of Appeals for the 11th Circuit lifted a lower court’s order that blocked use of the facility based on environmental concerns.<\/p>\n\n\n\n
The decision came down to a question of who is running the facility — the Trump administration or Florida.<\/a><\/p>\n\n\n\n To pursue their lawsuit, environmental groups and a Native American tribe attempted to challenge the facility using the National Environmental Policy Act (NEPA), which requires the government to conduct an environmental impact study before beginning construction.<\/p>\n\n\n\n To pursue a NEPA claim, the plaintiffs relied on another federal law that allows review of “final agency actions” — actions taken by the federal government at the end of an agency’s decision-making process.<\/p>\n\n\n\n Judges Elizabeth Branch and Barbara Lagoa — both appointees of President Donald Trump — determined that Florida, not the Trump administration, ran Alligator Alcatraz and therefore could not be challenged in federal court using NEPA.<\/p>\n\n\n\n A lower court judge had issued a preliminary injunction winding down the facility on the basis that the Trump administration is reimbursing Florida for the facility, making it effectively a federal facility. The appeals court disagreed.<\/p>\n\n\n\n “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,” the majority said.<\/a><\/p>\n\n\n\n The court also concluded that the continued operation of Alligator Alcatraz — which recently wound down operations — is in the public interest.<\/p>\n\n\n\n “Given that the federal government has an undisputed and wide-reaching interest in combating illegal immigration, and that illegal immigration is a matter of national security and public safety, we think the injunction issued below goes against the public interest,” the ruling said.<\/p>\n\n\n\n The Miccosukee Tribe, one of the plaintiffs in the lawsuit challenging the use of the facility, is vowing to continue its lawsuit.<\/p>\n\n\n\n “We are disappointed in the majority’s decision to stay the injunction. We were prepared for this result and will continue to litigate the matter. We find some solace in the dissent’s accurate analysis of the law and will continue to fight for the Everglades,” a tribe representative said in a statement to ABC News.<\/p>\n\n\n\n On social media, Florida Attorney General James Uthmeier celebrated the decision as a “win for Florida and President Trump’s agenda!”<\/p>\n\n\n\n “Great win for Florida and our mission to help President Trump detain, deport, and deliver for the American people,” he wrote.<\/p>\n\n\n\n