Evidence undercuts appellate ruling
An appellate panel in Atlanta issued a temporary hold in early September on a lower court order that would have closed the state-built facility, after Florida and the Trump administration argued that the state had not yet applied for federal reimbursement and therefore was not required to comply with federal environmental law.
The newly disclosed records contradict that argument. Officials had discussed federal reimbursement in June, according to the environmental groups’ court papers. The Federal Emergency Management Agency confirmed in early August that it had received a grant application from state officials. Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center’s construction and operation.
A federal judge in Miami had ruled in mid-August that the facility must wind down operations over two months because officials had failed to conduct a required environmental impact review under federal law. That judge concluded that a reimbursement decision had already been made at the time.
The Florida Department of Emergency Management, which led the efforts to build the Everglades facility, did not respond to an inquiry.
Florida’s detention expansion
Florida has led other states in constructing facilities to support President Donald Trump’s immigration crackdown. The Everglades facility, which received its first detainees in July, is one of three the state has built or planned: Florida has also opened an immigration detention center in northeast Florida and is considering a third facility in the Florida Panhandle.
The environmental lawsuit is one of three federal court challenges to the Everglades facility. In the other two cases, detainees have argued that Florida agencies and private contractors hired by the state have no authority to operate the center under federal law, and have sought a ruling ensuring access to confidential communications with their attorneys.