DeSantis Faces Funding Dilemma Over Controversial Detention Center

Florida Governor Ron DeSantis is grappling with a significant funding dilemma regarding the immigration detention center dubbed “Alligator Alcatraz” located in the Florida Everglades. A recent ruling from an appellate court has temporarily blocked a lower court’s order that required the governor’s administration to cease operations at the facility, but the decision has introduced complications surrounding federal funding.

The appellate panel ruled that the facility currently does not need to undergo a federally mandated environmental impact study, primarily because Florida has not yet received promised federal funding for its construction. However, accepting federal reimbursement could require an environmental review, which could jeopardize the center’s operations. The judges emphasized in their 2-to-1 decision that since no federal money has been allocated, the project does not constitute a “major federal project,” thus exempting it from the environmental review.

U.S. Homeland Security Secretary Kristi Noem indicated on social media earlier this summer that the facility would largely be funded through FEMA‘s shelter and services program. The appellate court noted that the law specifies that “the absence of federal funding renders an action ‘non-federal’” and not subject to environmental scrutiny.

The recent ruling has stayed a preliminary injunction issued by U.S. District Judge Kathleen Williams, which mandated the detention facility to wind down operations by late October 2023 while legal proceedings continued. The stay will remain in effect pending an appeal.

In response to inquiries about whether the appellate decision would impact the state’s application for federal funding, the governor’s office did not provide a direct answer. Instead, press secretary Molly Best shared video clips of DeSantis discussing “Alligator Alcatraz,” but funding specifics were not addressed.

The facility was constructed rapidly in late June on an isolated airstrip surrounded by wetlands, aiming to support former President Donald Trump’s immigration enforcement initiatives. Trump visited the site in July, suggesting it could serve as a model for similar facilities across the nation, as his administration sought to bolster deportation infrastructure. Since then, other states have announced plans to establish their own immigration detention centers.

The ongoing environmental lawsuit is one of three federal challenges to operations at the detention center. A second immigration detention facility recently opened in north Florida, utilizing a closed prison. Paul Schwiep, an attorney representing Friends of the Everglades, an environmental group involved in the lawsuit, expressed concerns that Florida taxpayers should not finance federal immigration services. He highlighted Judge Williams’ belief that the federal government would fund the facility’s operations, a notion the appellate panel appeared to question.

Elise Bennett, a senior attorney for the Center for Biological Diversity, another plaintiff in the lawsuit, pointed out the ruling may allow the DeSantis administration and the Department of Homeland Security to benefit from federal funding without immediate accountability. She noted that the appellate majority’s stance could enable a federal agency to withhold reimbursement until project completion, potentially resulting in environmental damage before any analysis occurs.

As the situation develops, Florida’s approach to immigration detention and environmental protection remains under scrutiny, revealing the complexities at the intersection of state and federal policies.