Alligator Alcatraz Lawsuit Ends: 11th Circuit Ruling and Wind-Down

The Alligator Alcatraz lawsuits are five federal cases filed between June 2025 and May 2026 that challenged the Everglades immigration detention facility on environmental, constitutional, statutory, and air-quality grounds. As of mid-2026, one has been voluntarily dismissed, one produced a preliminary injunction that the 11th Circuit reversed and sent back to district court, one produced an access-to-counsel injunction the government is fighting, and one filed under the Clean Air Act is still awaiting a ruling. All detainees were removed from the site on June 16, 2026, ahead of hurricane season, but the litigation continues regardless of whether the facility reopens.

The Five Cases at a Glance

The lawsuits target different pieces of the same operation, a state-run immigration jail built on the Dade-Collier Training and Transition Airport inside the Big Cypress National Preserve and operated by the Florida Division of Emergency Management in partnership with federal immigration authorities.

  • Friends of the Everglades and Center for Biological Diversity v. DHS — National Environmental Policy Act (NEPA). Filed June 27, 2025.
  • H.C.R. v. Noem (later C.M. v. Noem) — First and Fifth Amendment access to counsel. Filed July 16, 2025.
  • M.A. v. Guthrie — challenge to Florida’s authority to run the facility under 287(g). Filed August 22, 2025; voluntarily dismissed January 12, 2026.
  • Center for Biological Diversity v. Florida Division of Emergency Management — Clean Air Act. Filed May 27, 2026.

The Miccosukee Tribe of Indians of Florida sought to join the NEPA case, raising distinct claims tied to ten tribal villages within three miles of the facility, one family camp roughly 1,000 feet away, and a co-stewardship agreement with the National Park Service that tribal members said the operation had disrupted.1Mother Jones. Miccosukee Florida Tribe Lawsuit Alligator Alcatraz

The Environmental Lawsuit and the 11th Circuit Reversal

The first suit, brought by Friends of the Everglades and the Center for Biological Diversity and represented by Earthjustice, alleged that the Department of Homeland Security, ICE, the Florida Division of Emergency Management, and Miami-Dade County built the facility without the environmental impact study NEPA requires.2Earthjustice. Judge Halts Operations at Everglades Detention Center With Preliminary Injection Plaintiffs pointed to roughly 20 acres of paving, a 1,200-vehicle parking lot, fencing, and high-intensity lighting installed with no NEPA review.3WLRN. Environmental Groups Who Oppose Alligator Alcatraz Cheer Court Decision as Landmark Victory

U.S. District Judge Kathleen Williams issued a temporary restraining order on August 7, 2025, and a preliminary injunction on August 21. Her 82-page ruling found the project was federal action because it was built at the federal government’s request and operated under ICE-state agreements, triggering NEPA. The injunction barred new detainees, further expansion, and additional lighting, paving, or buildings, and ordered the removal of temporary fencing, industrial lighting, and waste infrastructure within 60 days.4Jurist. US District Court Halts Expansion of Alligator Alcatraz Immigrant Detention Center Williams wrote that “in their haste to construct the detention camp, the State did not consider alternative locations.”3WLRN. Environmental Groups Who Oppose Alligator Alcatraz Cheer Court Decision as Landmark Victory

The 11th Circuit overturned the injunction 2-1. The majority read a 2023 NEPA amendment to require both significant federal funding and significant federal involvement, and found neither. Money had to have “actually changed hands, or at least there must be a binding formal promise to pay,” the court wrote, and Florida had not yet received reimbursement. Judge Nancy Abudu dissented, arguing the state’s authority to detain noncitizens existed only through its DHS and ICE partnership, and that without it the state’s detention would be “akin to kidnapping and, at its most extreme, perhaps human trafficking.”5Miami Herald. Appeals Court Allows Alligator Alcatraz to Continue Immigrant Detention

The case was remanded. An appellate panel heard oral arguments on April 7, 2026 on whether to reinstate the injunction, and a decision is pending.6Central Florida Public Media. Everglades Advocates Remain Hopeful Ahead of Ruling in Alligator Alcatraz Lawsuit Plaintiffs have said they plan to add claims under the Endangered Species Act when proceedings resume.7WPTV. Alligator Alcatraz Closure Talks Spark Reaction From Plaintiffs in 2 Major Federal Lawsuits

The Access-to-Counsel Case

The ACLU and immigration advocacy groups sued on July 16, 2025 on behalf of detainees, alleging the facility was blocking access to attorneys and immigration courts. The complaint described one lawyer waiting three weeks to reach a client, a person deported after being unable to reach counsel, and a mentally disabled man pressured to sign a voluntary departure form without an attorney.8ABC News. Judge Dismisses Part of Lawsuit Over Detainees Legal Access at Alligator Alcatraz

On August 18, 2025, U.S. District Judge Rodolfo Ruiz dismissed the Fifth Amendment due process claims as moot after the government designated the Krome North Processing Center in Miami to hear the facility’s immigration cases and many original plaintiffs were transferred or gained counsel. He allowed the First Amendment claim to proceed, finding detainees still faced “prolonged delays in scheduling secure in-person and video conferences” and, in some cases, were “denied access to counsel altogether.”9Baptist News Global. Split Decision in Alligator Alcatraz Case The judge transferred the case to the Middle District of Florida, noting its “tortured procedural history.”10PBS NewsHour. Judge Dismisses Part of Lawsuit Over Alligator Alcatraz, Moves Case to Different Jurisdiction

U.S. District Judge Sheri Polster Chappell then took the case. She ordered a two-day settlement conference for December 16-17, 2025 that did not produce a settlement, then held a two-day evidentiary hearing at which formerly detained people testified they had been denied contact with attorneys and denied basic writing materials like paper and pencils.11ACLU of Florida. Federal Court Orders ICE to Provide People Detained Access to Legal Counsel

On March 27, 2026, Judge Chappell granted a preliminary injunction in what had been certified as a class action. The order required ICE and the Florida Division of Emergency Management to provide confidential, unmonitored outgoing legal calls; to publish information on how detainees and attorneys could reach each other; and to allow attorney visits without pre-scheduling.12ACLU. Federal Court Orders ICE to Provide People Detained Access to Legal Counsel By April 10, 2026, plaintiffs had filed a notice of noncompliance, and the state and federal governments were seeking to block the injunction.13ACLU. C.M. v. Noem The case remains active.

The 287(g) Challenge That Was Dropped

On August 22, 2025, the ACLU, ACLU of Florida, Community Justice Project, and National Immigrant Justice Center filed M.A. v. Guthrie in the Middle District of Florida, arguing that 287(g) agreements do not authorize Florida to run an independent, state-operated immigration jail staffed by private contractors.14ACLU. New Lawsuit Challenges Florida’s Authority to Detain People at Notorious Alligator Alcatraz The complaint said detainees were held without charge, excluded from the federal detainee locator, denied access to immigration courts, and pressured to sign voluntary deportation forms. Plaintiffs estimated at least 100 people had been deported under such pressure without legal consultation.15ICT News. Feds Fight to Keep Alligator Alcatraz Open Amid Legal Battle

The court denied a preliminary injunction on December 18, 2025 without addressing the underlying 287(g) question. Plaintiffs voluntarily dismissed the case on January 12, 2026.16ACLU of Florida. M.A. v. Guthrie

The Clean Air Act Suit

On May 27, 2026, the Center for Biological Diversity filed a separate lawsuit against the Florida Division of Emergency Management, alleging the facility had operated since June 2025 with more than 200 diesel-burning generators and 100 diesel-burning lighting towers without the air permits required by the federal Clean Air Act.17Center for Biological Diversity. Lawsuit Filed Over Alligator Alcatraz Air Pollution The complaint asks the court to shut down the generators until a permit is obtained and seeks civil penalties of up to $124,426 per day of violation.18Inside Climate News. Alligator Alcatraz Diesel Emissions Lawsuit The Florida Division of Emergency Management did not publicly respond. The case is pending.

Why the Money Question Matters to the Lawsuits

The Trump administration committed to reimbursing Florida $608.4 million through FEMA’s Detention Support Grant Program. By mid-2026, the state had received a single installment of roughly $58 million, approved on May 15, 2026.19Florida Phoenix. Alligator Alcatraz Payments Land at Last, $58 Million to Hit Florida Next Week FEMA rules restrict reimbursement to operational costs like salaries, medical supplies, food, and legal services, and exclude construction. The Department of Justice indicated in court filings that it might disallow some or all of the roughly $245 million Florida spent on construction. Attorney General James Uthmeier acknowledged in a filing that federal funding might not “materialize” and the state “took the risk” it would not.20The Guardian. Ron DeSantis $1.2 Million a Day on Alligator Alcatraz

That question is not just budgetary. In defeating Judge Williams’ NEPA injunction, the state argued federal environmental law did not apply because Florida had built the site with its own money. The arrival of the first $58 million federal payment potentially undermines that position, and the environmental plaintiffs have signaled they will press the point as the case returns to district court.21E&E News. Florida’s Alligator Alcatraz Faces Another Lawsuit, This Time Over Air Pollution

Where Things Stand After the June 2026 Wind-Down

On June 16, 2026, ICE and Florida removed all detainees, citing hurricane-season safety. Homeland Security Secretary Markwayne Mullin said the “soft structure” posed a storm risk but stated the agency had “no near-term plans to close the facility.”22CBS News. Detainees Moved Out of Alligator Alcatraz Over Hurricane Concerns Governor Ron DeSantis said the site was “never meant to be permanent.”23NBC Miami. Detainees at Florida’s Alligator Alcatraz Moved to Other Facilities Infrastructure removal, once the site is fully vacated, is estimated to take 15 to 30 days.17Center for Biological Diversity. Lawsuit Filed Over Alligator Alcatraz Air Pollution

The wind-down does not end the litigation. The NEPA case is awaiting an appellate ruling on the injunction and will continue in district court. The access-to-counsel injunction is in effect but disputed, with the government challenging it and plaintiffs alleging noncompliance. The Clean Air Act suit is pending. Both environmental and civil-rights plaintiffs have said they intend to proceed whether or not the facility reopens.7WPTV. Alligator Alcatraz Closure Talks Spark Reaction From Plaintiffs in 2 Major Federal Lawsuits