A federal appeals court last week ordered the “Alligator Alcatraz” detention center to remain open partially because it lacked federal ties. A week later, Florida formally applied for federal funds.
The state’s request for reimbursement for its spending on the migrant detention facility in the heart of the Everglades came just days after the U.S. Court of Appeals for the Eleventh Circuit hit pause on a federal judge’s order shutting down the center over environmental concerns. The 2-1 vote claimed that federal environmental laws don’t apply because Florida officials haven’t used any federal money.
But less than eight days after the ruling — which stayed all aspects of the case — the Florida Division of Emergency Management asked the Federal Emergency Management Agency to be reimbursed, a Department of Homeland Security spokesperson told the Florida Phoenix in an email.
“The State of Florida submitted an application for reimbursement to [FEMA],” the spokesperson said. Although they didn’t comment on what day the application was made nor for how much money, this confirmed Politico’s reporting that FDEM’s executive director, Kevin Guthrie, said the state had applied for federal money.
Gov. Ron DeSantis has long promised that Florida would be reimbursed for its detention center spending, although neither his office nor FDEM ever clarified when they planned to ask for the money. Federal authorities similarly lauded the facility as a joint effort, but showed no signs of chipping in until last week.
“Under President Trump’s leadership, we are working at turbo speed on cost-effective and innovative ways to deliver on the American people’s mandate for mass deportations of criminal illegal aliens,” the DHS official said. “These new facilities are in large part to be funded by FEMA’s Shelter and Services Program.”
The Shelter and Services program allocated $608.4 million toward FEMA’s new Detention Support Grant Program, specifically designed to expedite Immigration and Customs Enforcement’s mass detention and deportation agenda. If FEMA approves Florida’s request, the money will be awarded by Sep. 30. The Everglades facility is estimated to cost around $450 million for the year.
The attorney general’s office redirected questions to FDEM, which did not respond to questions about the application’s timeline.
‘So what do you say, judges?’
In a 2-1 decision on Sep. 4, the Eleventh Circuit both paused federal trial judge Kathleen Williams’ order to shut down the facility and fully stayed the case. The lawsuit was brought against the state by the Miccosukee Tribe and environmental groups Friends of the Everglades and the Center for Biodiversity.
They claimed the center, located within the Everglades and Big Cypress National Preserve, was harming the environment and violating the National Environmental Policy Act.
But judges Barbara Lagoa and Elizabeth Branch, both Trump appointees, ruled that Williams had erred by applying the federal law to a center that had exclusively received state funds. Florida hadn’t even applied for federal reimbursement, they argued. The activists have since asked the appeals court to reconsider their decision to halt the lawsuit.
If the judges don’t, Miami attorney Joseph DeMaria said the plaintiffs would be stymied unless they can “un-stay” the case — even though the majority opinion was largely predicated on the lack of federal ties.
“Unless they can get the case unstuck, there’s nothing they can do,” said DeMaria, who once worked as a prosecutor with the Justice Department’s Miami Organized Crime Strike Force. [The state] played it cute by saying, ‘We haven’t formally agreed yet, so federal law doesn’t apply.’”
He posed a rhetorical question to the appellate judges on the case: “You said that the feds haven’t agreed to pay, so there’s no jurisdiction to enforce the federal environmental law, but then almost immediately after you said that, they went and agreed to pay. So what do you say, judges?”
Attorneys for the Friends of the Everglades declined to comment, while the governor’s office, the Miccosukee Tribe, and the Center for Biodiversity did not respond to requests for comment.
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Livia Caputo, Florida Phoenix
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