MIAMI (AP) — A federal judge will hear debate Monday about whether detainees in the Florida Everglades temporary immigration detention center have been denied legal rights.
In the second case of two cases at a facility known as “Wannial Catraz,” civil rights lawyers seek a preliminary injunction to ensure that detainees at the facility have confidential access to the lawyers, but say this hasn’t happened. Florida officials dispute the claim.
Civil rights attorneys also want to enable US District Judge Rodolfo Lewis to identify immigration courts with jurisdiction over the detention center and to file petitions for detainee bonds or release. The lawyers say their case hearings were routinely cancelled in the Federal Florida Immigration Court by a judge who said they had no jurisdiction over detainees held in the Everglades.
The situation with “Alligator Alcatraz” is very unusual from what is normally accepted at other immigration facilities,” Eunice Cho, an attorney for the American Civil Liberties Foundation, said Thursday at a virtual meeting to prepare for Monday’s hearing in Miami.
But before delving into the core issues of detainee rights, Lewis said he wanted to hear if the lawsuit was filed in the appropriate jurisdiction of Miami. State and federal defendants argue that Florida’s Southern District is the wrong venue, as Florida’s southern district is located in neighbouring Collier County, in the state’s central district, despite the isolated runway where the facility was built.
The judge said some issues may be related to one district and other issues, but will be decided after Monday’s hearing.
“I think we should all be prepared to spend a little time at least working on matters on venues before we get into the real discussion of interim injunctive relief,” Lewis said Thursday.
A hearing over legal access will occur as another federal judge in Miami considers whether construction and operations at the facility should be suspended indefinitely due to federal environmental rules not being followed. On August 7, US District Judge Kathleen Williams testified at a hearing that concluded last week, but ordered a 14-day suspension with additional construction on the site. She said she plans to issue a ruling later this week before the order expires.
Meanwhile, Florida Governor Ron DeSantis announced last week that his administration is preparing to open a second immigration detention facility called “overseas territory” in a state prison in North Florida. DeSantis justified the construction of a Second Detention Center, saying President Donald Trump’s administration needed more immigrants and additional capabilities to deport him.
Florida is challenging the allegations that “Alligator Alcatraz” detainees were unable to meet with their lawyers. State lawyers said since July 15, when videoconferencing began at the facility, the state has granted all requests for detainees to meet with lawyers, and the in-person meeting on July 28 has begun.
However, civil rights attorneys said that even if the lawyer was scheduled to meet with clients at the detention center, it was not private or confidential and more restrictive than other immigration detention facilities. They said delays in scheduling and unreasonable, high-level notification requirements prevented their ability to meet detainees, thereby violating their constitutional rights.
Civil rights attorneys have gone to their cell phones to pressure detainees to sign voluntary removal orders before officers are allowed to consult with their lawyers, and said some detainees are being deported without having a final removal order. In addition to respiratory infections and stormwater flooding the tent, the situation has fostered a sense of hopelessness among detainees, the lawyer wrote in a court filing.
“One of the detainees with intellectual disabilities was told to sign the paper in exchange for a blanket, but was subject to voluntary removal after he signed, without the ability to speak to his lawyer,” the submission said.
The judge promised a prompt decision once the hearing was completed.
