Late Thursday evening, U.S. District Judge Kathleen Williams ordered the State of Florida to begin tearing down Alligator Alcatraz, the controversial immigrant detention camp deep in the Everglades, owing to environmental concerns. Friends of the Everglades and the Center for Biological Diversity filed the suit in June.
Miami-Dade Mayor Daniella Levine Cava was quick to celebrate the ruling. But just a few months ago, her office seemed to sing a different tune.
"Tonight’s ruling is a victory for home rule and human dignity — and represents justice for those who faced unimaginable hardship," Levine Cava wrote in an Instagram post. "From the start, this reckless detention center threatened the health and safety of detainees, our environment, and our values."
"This facility was planned and pushed forward with no transparency, no local coordination, and no regard for the detainees, the environment, or the surrounding communities, ignoring the voices of the very people most affected."
She held a press conference outside Alligator Alcatraz on Friday morning, the better to frame her defiance.
But in late June, when Friends of the Everglades and the Center for Biological Diversity filed the suit as the camp was being hastily constructed, Levine Cava's office didn't rush to defend immigrants or the environment.
Instead, the county, which was listed as a defendant in the lawsuit and owns the land where Alligator Alcatraz now stands, asked the court to deny that motion in a 20-page brief stating that it should be removed as a defendant in the case. (The other named defendants were Department of Homeland Security Secretary Kristi Noem, Immigration and Customs Enforcement Director Todd Lyons, and Florida Emergency Management [FDEM] Director Kevin Guthrie.)
"The County’s property — that is, the [Dade-Collier Training and Transition Airport (TNT)] — was and still is subject to the State’s use for emergency purposes at the State’s prerogative," the brief states. The brief went on to note that Florida law, which warns that state or county officials who defy federal immigration enforcement duties risk action from the governor, including suspension from office, was compelled to comply.
"The County has thus complied with state law by allowing FDEM to use the TNT Airport for FDEM’s stated purposes," the brief states.
The brief further asserted that the county was powerless to halt construction because the state had seized control of the site under emergency powers and that blocking Miami-Dade from allowing the detention camp would cause more harm than good.
"For the multitude of reasons set forth above, Plaintiffs fail to establish any of the elements necessary for a TRO or preliminary injunction to issue against Miami-Dade County. The County therefore respectfully asks the Court to deny the Motion," the brief states.
"Mayor Daniella Levine Cava refused to take legal action against the site or even hold a press conference when we asked her to do so repeatedly," Florida Immigrant Coalition policy advisor Thomas Kennedy tells New Times. "We hope that in the future, she is more proactive when it comes to doing the right thing.”
Statement from Levine Cava spokesperson: Since the very beginning, the Mayor clearly and forcefully opposed the construction of this detention center and repeatedly raised concerns about its impacts on the Everglades and our community. She did everything within her authority to push for transparency, including requesting monitoring access on behalf of Miami-Dade taxpayers.
The Board of County Commissioners, not the Mayor, holds the authority to approve legal actions on behalf of the County. Even so, the County’s options to sue were limited due to the state’s use of emergency powers and state law to comply with immigration enforcement.
The Mayor has consistently used her authority to demand transparency and access, and supported the community leaders and advocates that stood to challenge the detention center. Ultimately, Judge Williams’ ruling cited a fact that we knew all along - that the state failed to heed the County’s repeated warnings and requests for information.
