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Federal judge weighs Florida's assurances that Alligator Alcatraz won't reopen

Miami-Dade Mayor's Office says it has not gotten the land back after the state used emergency powers to take it

Scripps News Group

A sign for "Alligator Alcatraz" in Florida.

By: Jamie Ostroff

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Aerial photos filed in court Monday show the remote airstrip where Alligator Alcatraz sat for nearly a year — now empty. Florida Division of Emergency Management officials said in sworn declarations that the images were captured over the weekend.

What was once a sprawling complex of trailers, tents, generators, and lights is now just an airstrip, with a few trucks scattered around.

WATCH BELOW: Judge weighs Florida's assurances that Alligator Alcatraz won't reopen

Judge weighs Florida's assurances that Alligator Alcatraz won't reopen

"If that's not clear, I don't know what is," an attorney representing the state of Florida said of the photos, to a federal judge who asked how she could know that Alligator Alcatraz was closed for good.

Immigration attorneys and people who had been detained at Alligator Alcatraz sued the state and federal government, arguing their civil rights were violated because of inadequate attorney-client access at the facility. The state and federal government now say the case is moot because the facility is closed.

"There is no reasonable likelihood that it will re-open," said Nicholas Meros during a status conference in the case Monday afternoon.

Amy Godshall, an ACLU attorney representing the plaintiffs, argued that the photos and declarations were not enough assurance that immigrant detainees would not someday return to the Everglades.

"When they first opened it, they set it up in 10 days. The state still controls the land. They haven't given the land back," Godshall said in an interview with WPTV before the hearing.

The state used emergency powers to take the land for Alligator Alcatraz from Miami-Dade County. The Miami-Dade Mayor's Office confirmed Monday afternoon it has not gotten the land back.

Godshall also pointed to what she calls a lack of transparency regarding the circumstances under which Alligator Alcatraz closed. While the state initially said in June that it was relocating the detainees for hurricane season, Gov. Ron DeSantis also made public statements that Alligator Alcatraz had served its intended purpose of adding bed space for immigration detainees.

An ICE spokesperson told WPTV on Monday that it's still looking to expand bedspace.

"ICE is pursuing all available options to expand bedspace capacity," the spokesperson said in an email. "This process does include partnering with states and local governments, and private sector partners to house detainees at existing facilities."

The closure also came amid reports that the state had spent more than $1 billion on the facility. To date, it has not been reimbursed by the federal government.

FEMA has not answered direct questions about whether it would be reimbursing the Florida Division of Emergency Management, the state agency that set up and ran Alligator Alcatraz.

"Florida continues to be a valuable partner in advancing President Trump's immigration agenda, and DHS appreciates their support. DHS continuously evaluates detention needs and requirements to ensure they meet the latest operational requirements," said a FEMA spokesperson in an email to WPTV. "Regarding reimbursement, DHS reviews reimbursement requests for grant funding to ensure costs are allowable and validated expenses that are eligible for reimbursement prior to releasing funding."

DeSantis announced in October that FEMA had approved a $608 million grant for Alligator Alcatraz. Court filings in a separate federal lawsuit revealed that FEMA had not disbursed that funding because of the ongoing litigation.

In May, WPTV filed a request with FEMA under the Freedom of Information Act for records pertaining to any grant funding that was approved for detention facilities in Florida. To date, FEMA has not released any records.

FDEM did not respond to a request for comment.

Nicholas Meros, the attorney representing Florida, denied in court Monday that the facility had closed for financial reasons or to avoid discovery in court.

Meros said he could not speak for future administrations, but said, "We have no intention to reopen it."

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