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Hearing to fight legal 'black hole' for detainees held at 'Alligator Alcatraz' ends without immediate ruling

Department of Homeland Security denies allegations, contends 'facility maintains a physical space for attorneys to meet with their clients'

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By: Devon M. Sayers

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MIAMI — A federal judge heard arguments Monday but declined to make an immediate ruling about the legal conditions of detainees at "Alligator Alcatraz."

U.S. District Judge Rodolfo Ruiz II heard arguments over detainee access to attorneys, if a clear immigration court was assigned for those held at the camp, and if the case was filed in the correct federal court.

What's at stake in Monday's Alligator Alcatraz hearing

"There have been a lot of changes on the ground" at "Alligator Alcatraz," Ruiz said Monday during the hearing.

The Trump-nominated judge did not immediately rule on any of the issues from the bench or issue a preliminary injunction requested by the plaintiffs.

The harm taking place at the facility is "extorting," an attorney for the ACLU told the court.

"What is happening at 'Alligator Alcatraz' is not normal," Eunice Cho, senior counsel with the ACLU's National Prison Project and the lead attorney in the case, told the court.

Plaintiffs argue detainees had no assigned immigration court

In the lawsuit filed by a number of those held at the camp and advocacy groups for immigrants, the plaintiffs claimed those held at the camp did not have an assigned immigration court of jurisdiction.

In a filing over the weekend, the United States government notified the court the Krome North Service Processing Center in Miami would serve as the immigration court with "administrative responsibilities over the Alligator Alcatraz detention facility."

An attorney for the ACLU was skeptical the government would make this a permanent solution.

Environmental court battle over 'Alligator Alcatraz' exposes impacts on state

Detainees lack attorney access, ACLU says, but government says 'access has been growing'

"There is a clear case and controversy" about attorney access at the detention camp, Cho told the court Monday.

She said the detention center had little or no means for attorneys to communicate with their clients with confidentiality via phone, mail or video conference.

The federal government and the state of Florida, both defendants in the case, sat at the same table in the courtroom Monday.

"Legal access has been growing as the facility stands up," Nicholas J.P. Meros, an attorney for the state of Florida, told the court. "Every day that goes by there is more access," he added.

"The facility has continued to build more infrastructure," and there are now rooms where attorney-client meetings can take place in private, Meros told the court.

Marlene Rodriguez, with the U.S. Attorney's Office, told the court "it just seems at the core" the issue is about the Attorney General and the president's initial decision to send detainees to the facility.

The judge noted the ACLU was not asking for the detention camp to be shut down as part of their litigation.

'Venue is a very significant concern'

The state and federal government argued the case was filed in the improper court since the physical detention camp is not within the jurisdiction of the Miami court.

"Venue is a very significant concern," the judge said.

He noted one of the federal defendants, Garrett Ripa, who is head of ICE Enforcement and Removal Operations in Miami, was within the court’s district.

The government argued Ripa didn't play a significant role in the case.

The judge read back an agreement between the state and the federal government indicating the Miami office was responsible for supervision at “Alligator Alcatraz,” including a provision stating attorney-client privilege was protected.

The federal government noted any supervision happening is at the facility — physically outside the court’s district.

The judge, repeating previous comments, said he believes the case – at least for the federal defendants – was in the proper court.

The judge then took his focus to Florida. "Where is venue proper for the state defendants?" the judge asked the ACLU attorney.

The ACLU argued the case was in the proper venue, since the state and federal government had previously entered into an agreement with the Miami immigration field office, but the judge was skeptical.

"When it comes to running 'Alligator Alcatraz,' it seems like the state defendants are doing their thing, without input from the federal government,” the judge said, adding he had seen no documentation that the “day-to-day direction of operations” was coming from the federal government.

The judge said he needed to rule on the state’s issues about venue, adding, "I don't want this to be delayed any further."

What the plaintiffs are seeking

The goal of the plaintiffs was to make ensure the "basic constitutional rights" of detainees are being upheld, including the “basic right to be able to speak to their lawyers and the basic right to be able to petition the government for release from custody," Cho, the ACLU attorney, told CNN last weekend.

The Department of Homeland Security has denied the allegations, telling CNN in a statement Sunday the "facility maintains a physical space for attorneys to meet with their clients," and attorneys may also request to speak with detainees they represent via email.

Deep in the marshy wetlands of the Florida Everglades, "Alligator Alcatraz" has been mired with controversy since the start, with reports of hundreds of migrants confined in cages amid sweltering heat, bug infestations and meager meals.

The state of Florida has pushed back, saying conditions at the camp are in “good working order” and that claims to the contrary are false.

During court on Monday the ACLU claimed at least one person held at the facility was improperly removed from the United States.

"Alligator Alcatraz cannot end up being a black hole where people disappear," Cho previously told CNN.

This story has been updated with additional information.

CNN's Rafael Romo and Maxime Tamsett contributed to this report.

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