Appeals Court Rules ‘Alligator Alcatraz’ Can Stay Open

A federal appeals court has handed Florida and the Trump administration a win in the fight over the Everglades detention facility known as “Alligator Alcatraz.”

On Thursday, the Eleventh Circuit put a hold on a lower-court order that had required the state and federal government to shut down and dismantle the site within 60 days. Judges said Florida and DHS are likely to win their appeal, because the project doesn’t yet count as a “major federal action” under environmental law — since no federal money has actually been spent on it.

The panel was sharply critical of the district judge’s ruling. At one point, the opinion said it was “wholly unreasonable” to treat politicians’ assurances of future reimbursement as proof the facility was federally funded.

Judge Barbara Lagoa, a Trump appointee (and former DeSantis appointee to the Florida Supreme Court) noted that “NEPA is a procedural cross-check, not a substantive roadblock.” Judge Elizabeth Branch, also appointed by Trump, joined her in warning dismantling the site now would cause “irreparable harm” by wasting millions and undermining enforcement.

Judge Adalberto Jordan, an Obama appointee, dissented.

“The majority, however, essentially ignores the burden borne by the defendants,” he wrote, “pays only lip service to the abuse of discretion standard, engages in its own factfinding, declines to consider the district court’s determination on irreparable harm, and performs its own balancing of the equities.”

Jordan argued federal involvement — from DHS requests to ICE inspections and promises of reimbursement — was significant enough to require an Environmental Impact Statement.

Florida officials have maintained that dismantling the facility would cost taxpayers $15–20 million and cripple their ability to handle what Gov. Ron DeSantis has called an “immigration crisis of unprecedented magnitude.” The majority agreed, warning that without the site, the state’s system could be pushed “to a breaking point.”

Environmental groups and the Miccosukee Tribe had convinced a lower court the center risked light, noise, and waste pollution in a sensitive Everglades ecosystem. But the appeals panel noted the property was already a working airport with nearly 28,000 flights in the six months before its conversion.

In a video posted after the ruling, DeSantis declared victory:

“The media was giddy that somehow Alligator Alcatraz was “shutting down,” and we told them that that wasn't true. There have been illegal aliens continuing to be there and being removed and returned to their home country,” the Republican governor said. “We said the mission would continue and I'm pleased to say that the 11th Circuit Court of Appeals has just stayed that ruling and stayed the case."

Not everyone celebrated. Democrats and activists have denounced the decision. State Sen. Shevrin Jones (D-Miami Gardens) blasted the ruling:

“Cruelty is still cruelty, no matter how many courts the Governor runs to,” he wrote on X. “Alligator Alcatraz remains an unlawful, dangerous stunt that wastes taxpayer dollars and tramples on human dignity. That hasn’t changed — and neither has my stance.”

For now, the injunction is paused — meaning the facility stays open as the case winds its way through the courts.

Governor Ron DeSantis has responded to the Circuit Court of Appeals decision on social media.

Watch full video below:

The mission continues at Alligator Alcatraz.

The media was wrong.

The leftist judge has been overturned.

Florida will keep leading the way. pic.twitter.com/oHyqNKxmf3

— Ron DeSantis (@RonDeSantis) September 4, 2025

We're learning more details on the order from the Eleventh Circuit regarding the closure of Alligator Alcatraz. In the order, Judges said Florida and DHS are likely to win their appeal, because the project doesn’t yet count as a “major federal action” under environmental law — since no federal money has actually been spent on it.

Florida officials argued that dismantling the facility would cost taxpayers $15-$20 million. They also claimed closing the facility would limit their ability to handle what Governor Ron DeSantis has called an "immigration crisis of unprecedented magnitude." The court agreed, saying without the facility, the state's immigration system could be pushed "to a breaking point."

In all, this means the immigration detention center will stay open while the case plays out.

To read the full order, click here.