Appeals court shields Alligator Alcatraz as Miccosukee move to protect their homeland

 

MIAMI – The latest round of appeals has denied the lower court’s ruling to dismantle Alligator Alcatraz, with Chief Judge William Pryor and Judge Andrew Brasher forming the majority and Judge Nancy Abudu dissenting.

The Eleventh Circuit Court of Appeals issued its 2-1 decision on April 21, 2026, overturning U.S. District Judge Kathleen Williams’ injunction that had ordered the state to begin winding down operations at the Everglades detention compound. Pryor, appointed by George W. Bush, authored the majority opinion joined by Brasher, a Trump appointee, concluding that Florida—not the federal government— built and controls the facility “entirely at state expense.” Their ruling held that because the state has not yet received federal reimbursement for the more than $600 million spent on construction and maintenance, the project does not trigger the National Environmental Policy Act’s federal environmental review requirements.

Judge Abudu, appointed by President Biden, issued a sharp dissent, calling the majority’s reasoning “just plain wrong.” She argued that immigration detention is a uniquely federal function and that the facility “would not, and could not, have been built and used as an immigration detention center without the federal defendants’ request.” Her opinion warned that the ruling leaves both detainees and the Everglades “protected by no one, and vulnerable to the whims of anyone.”

Environmental groups reacted immediately. Eve Samples, executive director of Friends of the Everglades, said the decision “was hastily erected in one of the most fragile ecosystems in the country without the most basic environmental review, at immense human and ecological cost.” The Center for Biological Diversity echoed that sentiment, vowing to continue litigation as the case returns to Judge Williams’ court. Their filings argue that the detention center’s floodlights, fencing, and heavy infrastructure disrupt wildlife corridors and undermine decades of Everglades restoration work.

The Miccosukee Tribe, whose villages and ceremonial grounds lie within the same landscape, has joined those suits. Chairman Talbert Cypress said the facility “poses a substantial threat to the rights and interests of the Tribe and the livelihood of Tribal members who live adjacent thereto,” adding that officials have “not yet advised of a closure date.” The Tribe’s intervention strengthens the environmental plaintiffs’ argument that the Everglades is a living homeland, not an expendable staging ground for immigration policy.

As of late April 2026, Alligator Alcatraz remains operational under state control, shielded by the appellate ruling. The case now returns to the district court for further proceedings, where environmental groups and the Miccosukee Tribe plan to press for renewed review and accountability.

(Contact Ernestine Anunkasan Hopa at editor@nativesunnews.today)

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