The controversial migrant detention facility known as "Alligator Alcatraz," deep in the Florida Everglades, will remain operational for now, following a decisive ruling by a federal appeals court on Thursday, September 4, 2025. The Eleventh US Circuit Court of Appeals, in a closely watched 2-1 decision, temporarily blocked an earlier order that would have forced Florida and federal officials to dismantle the site and wind down its operations within 60 days.
The legal saga began when District Judge Kathleen Williams, an Obama appointee, issued a preliminary injunction on August 21, 2025, requiring the immediate shutdown of the facility. The order cited mounting concerns about the treatment of detainees—reports of sweltering heat, bug infestations, and meager meals had drawn widespread criticism from lawmakers and advocates alike. Judge Williams also pointed to the environmental risks posed by the facility, which was rapidly constructed on the Dade-Collier Training and Transition Airport runway in just eight days and opened in July.
But Florida and the US Department of Homeland Security quickly appealed, seeking to keep "Alligator Alcatraz" running. On Thursday, their request was granted. According to CNN, the appellate panel's majority opinion stated, "After careful consideration, we grant the defendants’ motions and we stay the preliminary injunction and the underlying case itself pending appeal." Judges Barbara Lagoa and Elizabeth Branch, both Trump appointees, formed the majority, while Judge Adalberto Jordan, an Obama appointee, dissented.
At the heart of the dispute is whether the facility, which can hold up to 2,000 detainees and was in the process of expanding to 4,000 before the district court's intervention, is a state or federal project—and whether it must undergo rigorous environmental review under the National Environmental Policy Act (NEPA). The majority concluded that, for now, the site is primarily under state control. "The Facility is a site built, led, operated, and funded unilaterally by a state government—in accordance with the state’s laws—at which the state retains discretionary control over who is detained at the facility, all of which adds up to state control over the project’s outcome, not federal control," the judges wrote.
This distinction is crucial. As the majority explained, unless and until the Federal Emergency Management Agency (FEMA) formally approves funding for the project, the facility does not qualify as a "major federal action" that would trigger NEPA’s environmental review requirements. In their words, "If there were a substantial likelihood that the Plaintiffs would succeed on their NEPA claim (and as we’ve already explained, there isn’t), the appropriate remedy at this stage might, at most, have been to enjoin the further use of or construction at the Facility pending completion of an [Environmental Impact Study], not the affirmative expenditure of public monies to take it apart."
The dissenting judge, however, saw things differently. Judge Jordan argued that the majority had improperly ignored evidence showing the facility was, in practice, a federal project. He noted that the Department of Homeland Security had requested the facility, that US Immigration and Customs Enforcement had inspected it, and that both DHS Secretary Kristi Noem and Governor Ron DeSantis had publicly stated that federal funds would support the operation. In his view, this made the project subject to NEPA’s requirements and justified the lower court’s shutdown order. He also emphasized the "irreparable harm" posed to the Miccosukee Tribe of Indians—whose reservation lies just miles away—and to the fragile Everglades ecosystem.
The lawsuit challenging the facility was filed by environmental groups, including Friends of the Everglades and the Center for Biological Diversity, along with the Miccosukee Tribe. They argue that the detention center’s construction and operation threaten endangered species, destroy habitats, and risk contaminating the water and food supply so vital to the tribe. US District Judge Williams, in her August ruling, agreed, writing, "The project creates irreparable harm in the form of habitat loss and increased mortality to endangered species in the area."
Despite these concerns, Florida officials have pressed forward. Governor Ron DeSantis, in a video statement after the appellate ruling, declared, "The mission continues. Alligator Alcatraz is, in fact, like we’ve always said, open for business." He also announced plans for two additional detention centers: "Deportation Depot" in northeast Florida, with a planned capacity of 1,500 detainees, and "Panhandle Pokey" in the Florida Panhandle, though its size remains unclear. "There’s a demand to have way more than just Alligator Alcatraz," DeSantis said at a news conference, signaling the state’s intent to expand its immigration enforcement infrastructure.
Florida Attorney General James Uthmeier celebrated the appellate decision as "a victory against an activist judge" and, in a social media post, said, "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. A win for Florida and President Trump’s agenda!" The Department of Homeland Security echoed this sentiment, calling the stay "a win for the American people, the rule of law and common sense." In a statement posted on X, the department asserted, "This lawsuit was never about the environmental impacts of turning a developed airport into a detention facility. It has and will always be about open-borders activists and judges trying to keep law enforcement from removing dangerous criminal aliens from our communities, full stop."
Advocates for the facility's closure, however, remain undeterred. Eve Samples, executive director of Friends of the Everglades, told CNN, "The case is far from over. In fact, it’s just starting, and we’re committed to fighting on. We’re hopeful the preliminary injunction will be affirmed when it’s reviewed on its merits during the appeal." Elise Bennett, senior attorney at the Center for Biological Diversity, called the ruling "a heartbreaking blow to America’s Everglades and every living creature there." In a joint statement, the groups acknowledged that the appeals court’s decision "at least temporarily allows state and federal officials to resume operations at the detention center." Bennett added, "I know many are questioning why the Trump and DeSantis administrations are insisting on pouring millions of taxpayer dollars into this dirty, destructive detention facility in the heart of the Everglades. Our legal system can and should stop this incredibly harmful boondoggle."
Meanwhile, the fate of "Alligator Alcatraz" and the broader debate over immigration enforcement and environmental protection in Florida now rests with the courts. As a new panel of appellate judges prepares to review the case, both sides are gearing up for what promises to be a fierce legal battle. For now, the facility remains open—and the controversy far from settled.
