Friday, a federal judge in Florida ordered the famed "Alligator Alcatraz" detention and deportation center for illegal aliens closed and dismantled. My colleague Brad Slager had that story:
Judge Kathleen Williams, late Thursday evening in a Miami courtroom, issued a temporary restraining order requiring the state to refrain from bringing in any additional detainees, and declared that in 60 days the facility needs to be cleared of all of those being held, and the process of hauling out the installed infrastructure begins to take place.
...
Williams, a Barack Obama appointee, stated that an environmental impact assessment was to have been conducted prior to installing the new structures and other operational needs. She noted that no such advance research was conducted by the defendants, although the state did argue with a reference to a “Preliminary Ecological Assessment” that was conducted in late July. While that study alluded to several species possibly endangered, the state asserted that installations around the facility were erected to shield those in the surrounding area.
This order followed a temporary restraining order issued by the same judge on August 7.
RELATED:
New: Federal Judge Blocks Construction of 'Alligator Alcatraz' – RedState
Watch: DeSantis Delivers a Rousing Response to Judge's Decision on Alligator Alcatraz – RedState
The Florida Division of Emergency Management (FDEM) has appealed, and that appeal demonstrates that the descriptions of the process given by Governor Ron DeSantis and Homeland Security spokesperson Tricia McLaughlin were on target. Governor DeSantis stated that the decision was "preordained" and rendered by an "activist judge" who would not give the government a "fair shake." McLaughlin echoed the claim that Judge Williams is an "activist judge."
As the actual appeal requires a credit card payment, I'll rely on the clips provided by Professor Margo Cleveland.
🧵Trump Administration's filed emergency motion for stay before 11th Cir. yesterday re Allegator Alcatraz. Link and highlights follow. 1/
— Margot Cleveland (@ProfMJCleveland) August 26, 2025
The FDEM makes four main points in its appeal.
Florida preliminarily enjoined any additional detention or construction at the facility and required its closure within sixty days. The court based its injunction on the National Environmental Policy Act (NEPA)—a federal procedural statute that, through the APA, reaches only federal agency decisionmaking. The court entered this sweeping injunction even though (1) it lacked venue over this Middle District-based facility (as both Judges Altman and Ruiz recognized in other lawsuits); (2) NEPA does not reach State decisionmaking; (3) the court has no jurisdiction to enjoin federal immigration detention; and (4) the balance of harms tips decidedly against preliminary relief. This sweeping and unlawful injunction promises immediate disruption of critical law-enforcement activity, imposes significant financial and logistical burdens on the State, and undermines public safety.
Judge Williams is assigned to the Southern District of Florida. That district comprises the counties Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. The Alligator Alcatraz is located near Ochopee, Florida, in Collier County. This places it in the Middle District of Florida. As the appeal notes, two other judges in the Southern District have refused to hear Alligator Alcatraz cases because they lack jurisdiction. This would seem to be important.
The ruling by Judge Williams cites the National Environmental Protection Act as her reason for ordering the facility dismantled. The NEPA applies to actions by federal agencies. Alligator Alcatraz is owned and operated by the state of Florida.
As part of its emergency response, the State converted a busy airport in Collier County (in the Middle District of Florida) into a temporary, one-stop detention and deportation facility, known as Alligator Alcatraz. The State controls the land on which the detention facility sits. The State funded its construction (though federal reimbursement is possible). The State accepts immigration detainees pursuant to 287(g) agreements with the federal government, but it exercises discretion over whether to accept any detainee. Thus, although the detention facility is used for immigration functions-—ike many facilities across Florida, including county jails—it remains a State facility under State control.
The appeal also claims the judge has no jurisdiction over immigration law and her ruling harms the government. That may be true, but no other judge appointed by Obama or Biden appears to agree with this assessment.
The rest of the appeal details the blatant hostility shown by Williams toward the government.
6/ holy cow!!! pic.twitter.com/OVRqvBwjUf
— Margot Cleveland (@ProfMJCleveland) August 26, 2025
7/ Sure seems unbiased! pic.twitter.com/CeN5mb4w4J
— Margot Cleveland (@ProfMJCleveland) August 26, 2025
The appeal is headed to the 11th Circuit, which is pretty solid. If the first two items in the appeal are true (i.e., out of the judge's jurisdiction and not covered by NEPA), then it seems like game over for Judge Williams' resistance project.
Editor's Note: This article was updated post-publication for clarity.
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