Legal expert says ‘Alligator Alcatraz’ closure could impact court cases

COLLIER COUNTY, Fla. — COLLIER COUNTY, Fla. — The controversial Alligator Alcatraz detention facility will likely be closed within days, according to internal state emails obtained by Fox 4.

Fox 4's Eric Lovelace explains what could be next for the facility:

An email from the Florida Division of Emergency Management's Kevin Guthrie indicates the number of individuals in the facility will be down to zero in the next couple of days.

The development comes after a South Florida judge ordered the facility to shut down within 60 days during a hearing last Thursday.

Gov. Ron DeSantis immediately filed an appeal and expressed skepticism about receiving fair treatment from the court.

"This judge wasn't gonna give us a fair shake," DeSantis said.

The Governor's office.

When asked about the email Wednesday, DeSantis attributed the facility's emptying to rapid deportation rather than closure.

"I think he was just referring to they're deporting them very quickly," DeSantis said.

Legal implications of closure

Legal expert Pamella Seay said the apparent shutdown makes other pending cases against the facility irrelevant.

"You don't litigate. You don't spend money on a case that has no meaning," Seay said.

However, she noted that since the judge's order is labeled as a preliminary injunction, it cannot be used as precedent for other facilities, such as the Jacksonville detention center dubbed "Deportation Depot".

"It means there will not be an opinion in which they can rely on later," Seay said.

While DeSantis could appeal the case all the way to the Supreme Court, Seay said the apparent dismantling of the detention center makes such an appeal pointless.

"It makes the entire case moot. The federal court is not going to deal with a moot case because it wastes its time and resources," Seay said.

It remains unclear whether DeSantis plans to continue the appeal process. The Florida Division of Emergency Management did not respond to requests for comment about why they were proceeding with the facility's closure despite the pending appeal.

Officials have not yet provided confirmation that the facility is officially closing or details about what comes next.