A federal judge said he wants more clarity on "who is running the show" at Alligator Alcatraz, following a lawsuit over attorney access to clients detained at the immigration detention center in the Everglades.
During a procedural hearing on Monday, U.S. District Judge Rodolfo Ruiz acknowledged there is confusion about the legal authority that Alligator Alcatraz is operating under. While the hearing dealt mainly with issues related to legal rules and scheduling, Ruiz indicated he wants to see copies of any agreements Florida has with U.S. Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS) to operate the detention facility.
Immigrants detained there, represented by the American Civil Liberties Union (ACLU) and other firms, allege that confusion is contributing to legal representation and due process rights being violated.
"This is unprecedented. We have not ever seen a situation where hundreds of people are held without charge ... under legal authority that has not been explained," ACLU attorney Eunice Cho said on Monday.
READ MORE: Attorneys: 'Alligator Alcatraz' detainees held without charges, barred from legal access
Cho argued, and the judge seemed to agree, that reviewing Florida's "287(g)" agreement with the federal government for Alligator Alcatraz would be essential to move forward in the case. The 287(g) agreements allow state governments to act with the authority of federal law to enforce immigration rules and goals.
The proposed class-action suit filed on July 16 seeks an injunction to allow lawyers more access to their clients, who are under threat of deportation. The complaint said lawyers were unable to reach their detained clients by confidential calls or meetings in person; their only option has been infrequent, paid and surveilled phone calls, they claim.
The suit described emails that bounced back, conflicting messages of responsibility from ICE and state officials, and being turned away from the Everglades jail by Florida immigration officers.
One attorney, the suit alleges, arrived at a scheduled bond hearing July 23 by federal immigration authorities only to be told the court “lacked jurisdiction.” Her two clients, both men, were in the U.S. with valid visas. She was then told to contact ICE, who then told her to contact Alligator Alcatraz officials, who did not respond.
Nick Meros, a private Tallahassee attorney and former general counsel for Gov. Ron DeSantis, represented the governor's office and Kevin Guthrie — who leads Florida Division of Emergency Management — during the hearing. Meros suggested some of the issues raised in the suit may soon be irrelevant. He said video calls have been set up between detainees and their lawyers.
Meros also claimed that the U.S. Southern District of Florida, spanning from Indian River to Monroe counties, is the incorrect location to argue the lawsuit.
Alligator Alcatraz is 98% in Collier County, which belongs to the Middle District of Florida. Lawsuits must be filed where a defendant lives or where the original claim arose.
When asked about clearing up the question of legal authority on the spot, Meros said he needed to get back to the court.
"I'm not prepared to say today what our position is," Meros said. "We certainly have an idea (but) I need to confirm that."
The lawsuit is among several filed in federal court against DeSantis and DHS Secretary Kristi Noem since Alligator Alcatraz opened on July 1.
The immigration detention center was built in just a few short weeks at the Dade-Collier Training and Transition Airport, a remote site used for flight training and surrounded by the Everglades and the Big Cypress National Preserve.
DeSantis and other state and federal officials have touted the facility as helping carry out President Donald Trump’s mass deportation efforts for people who are in the country illegally.
Opponents have blasted conditions at the facility, arguing it will harm the Everglades and the national preserve. Environmental groups last month filed a separate lawsuit that alleges violations of the National Environmental Policy Act, a federal law that requires evaluating potential environmental impacts before such a project can move forward.
Alligator Alcatraz can house at least 3,000 people, state officials said.
Ruiz set Aug. 18 as the date for a hearing to rule on the injunction. It will take place in person at the federal courthouse in Miami.
