Reversal: Court Allows Alligator Alcatraz to Remain Open
A three-judge panel of the Eleventh Circuit ruled 2-1 on April 21 that Alligator Alcatraz may keep operating without a federal environmental review while litigation continues. The panel vacated a district judge’s preliminary injunction that had ordered officials to stop new intakes and wind the site down within 60 days.
Chief Judge William Pryor, joined by Judge Andrew Brasher, said the challengers had not shown either a final federal decision or federal control over the project, so the federal environmental law they invoked did not apply. The majority also said parts of the injunction conflicted with a statute that bars courts from halting immigration enforcement.
Judge Nancy Abudu dissented, arguing immigration detention is a federal responsibility and that the ruling understates the roles of Homeland Security and ICE and the risks to people held at the site. The case returns to the district court, but the shutdown order is gone and the camp remains open.
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