The U.S. Department of Homeland Security has committed to granting Florida $608 million in FEMA funds to reimburse costs for the state-run immigration detention site in the Everglades known as “Alligator Alcatraz.” According to the Florida Division of Emergency Management, the funds haven’t yet been released pending FEMA expense review, but the funding has been approved by DHS.

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This funding injects a new twist into the ongoing legal fight to shut it down being, a fight being carried on by the Friends of the Everglades, the Center for Biological Diversity, and the Miccosukee Tribe of Indians of Florida. These groups joined together to file the suit in June. In late August, a federal judge ordered the site halted over likely violations of the National Environmental Policy Act (NEPA).

 

On Sept. 4, a divided 11th Circuit panel stayed that shutdown, noting in part that no federal money had yet been received, which complicated NEPA’s “federal nexus.” With DHS now approving or committing the reimbursement, advocates say NEPA review—potentially a full Environmental Impact Statement—may be required.

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“I think it seems to be the smoking gun proving that our lawsuit challenging the detention facility in the Everglades was correct,” said Elise Bennett, Florida director and attorney for the Center for Biological Diversity.

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Inside the complex, reporting has described horrific conditions, inhumane confinement conditions, and even the disappearance of hundreds of detainees. Recent polling suggests Floridians oppose rather than support the facility and strongly disapprove of using emergency funds to pay for it.

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The 11th Circuit ruling has raised ethical questions: the judge who authored it, Barbara Lagoa, is married to Paul Huck, a powerful conservative attorney whose law firm has raked in millions of dollars from the DeSantis administration. Huck's firm, Lawson Huck Gonzalez, is tightly aligned to the governor’s far-right agenda and has secured more than $10 million in state contracts since its founding in 2023, according to reporting by WUSF. It represents the DeSantis administration in a lawsuit against the retailer Target over its 2023 Pride campaign

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What’s next: Expect fresh motions at the 11th Circuit citing the federal funding decision, and pressure on DHS/FEMA to clarify whether, and how, they will conduct NEPA review for the site.