MIAMI (AP) — A federal judge heard arguments Monday over whether detainees at a temporary immigrant detention center in the Florida Everglades have been denied their legal rights.
In the second of two lawsuits challenging practices at the facility known as “Alligator Alcatraz,” civil rights attorneys were seeking a preliminary injunction to ensure that detainees at the facility have confidential access to their lawyers, which they say hasn’t happened. Florida officials dispute that claim.
The civil rights attorneys also wanted U.S. District Judge Rodolfo Ruiz to identify an immigration court that has jurisdiction over the detention center so that petitions can be filed for the detainees' bond or release. The attorneys say that hearings for their cases have been routinely canceled in federal Florida immigration courts by judges who say they don’t have jurisdiction over the detainees held in the Everglades.
“The situation at ‘Alligator Alcatraz’ is so anomalous from what is typically granted at other immigration facilities,” Eunice Cho, an attorney for the American Civil Liberties Union Foundation, said Thursday during a virtual meeting to prepare for Monday's hearing in Miami.
At the start of Monday’s hearing, government attorneys said they would designate the immigration court at the Krome Detention Center in the Miami area as having jurisdiction over the detention center in the Everglades in an effort to address the civil rights attorneys’ constitutional concerns. The judge told the government attorneys that he didn’t expect them to change that designation without good reason.
But before delving into the core issues of the detainees’ rights, Ruiz had said he wanted to hear about whether the lawsuit was filed in the proper jurisdiction in Miami. The state and federal government defendants have argued that even though the isolated airstrip where the facility was built is owned by Miami-Dade County, Florida’s southern district is the wrong venue since the detention center is located in neighboring Collier County, which is in the state’s middle district.
The judge has hinted that some issues may pertain to one district and other issues to the other district, but said he would decide after Monday's hearing.
“I think we should all be prepared that, before we get into any real argument about preliminary injunctive relief, that we at least spend some time working through the venue issues,” Ruiz said Thursday.
The hearing over legal access comes as another federal judge in Miami considers whether construction and operations at the facility should be halted indefinitely because federal environmental rules weren't followed. U.S. District Judge Kathleen Williams on Aug. 7 ordered a 14-day halt on additional construction at the site while witnesses testified at a hearing that wrapped up last week. She has said she plans to issue a ruling before the order expires later this week.
Meanwhile, Florida Gov. Ron DeSantis announced last week that his administration was preparing to open a second immigration detention facility dubbed “Deportation Depot” at a state prison in north Florida. DeSantis justified building the second detention center by saying President Donald Trump’s administration needs the additional capacity to hold and deport more immigrants.
The state of Florida has disputed claims that “Alligator Alcatraz” detainees have been unable to meet with their attorneys. The state's lawyers said that since July 15, when videoconferencing started at the facility, the state has granted every request for a detainee to meet with an attorney, and in-person meetings started July 28. The first detainees arrived at the beginning of July.
But the civil rights attorneys said that even if lawyers have been scheduled to meet with their clients at the detention center, it hasn't been in private or confidential, and it is more restrictive than at other immigration detention facilities. They said scheduling delays and an unreasonable advanced notice requirement have hindered their ability to meet with the detainees, thereby violating their constitutional rights.
Civil rights attorneys said officers are going cell-to-cell to pressure detainees into signing voluntary removal orders before they’re allowed to consult their attorneys, and some detainees have been deported even though they didn't have final removal orders. Along with the spread of a respiratory infection and rainwater flooding their tents, the circumstances have fueled a feeling of desperation among detainees, the attorneys wrote in a court filing.
“One intellectually disabled detainee was told to sign a paper in exchange for a blanket, but was then deported subject to voluntary removal after he signed, without the ability to speak to his counsel,” the filing said.
The judge has promised a quick decision once the hearing is done.
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