A federal appeals court this week agreed to speed up a legal battle about a controversial immigrant-detention center in the Everglades — but a ruling likely will not come until at least early 2026.
The 11th U.S. Circuit Court of Appeals on Tuesday issued an order that partially approved a request by environmental groups to “expedite” handling of an appeal filed by the state and federal governments. The appeal came after U.S. District Judge Kathleen Williams issued a preliminary injunction that called for winding down operations at the facility dubbed “Alligator Alcatraz.”
RELATED: 'Alcatraz' legal representation fight builds
A panel of the Atlanta-based appeals court on Sept. 4 issued a stay of Williams’ injunction. That decision effectively allowed continued operation of the facility while the underlying battle about the injunction plays out at the appeals court.
Attorneys for Friends of the Everglades and the Center for Biological Diversity, which contend that the development of the facility violated a federal environmental law and threatens ecological damage, filed a motion Sept. 10 asking the appeals court to speed up a schedule for the case. In part, the request alleged “ongoing and immediate harms” from the facility, which is in the Big Cypress National Preserve.
“An expedited appeal is appropriate in this case to mitigate the irreparable harm resulting from the creation and operation of a federal immigration detention center within Big Cypress National Preserve,” the request said.
Tuesday’s order, signed by appeals-court Judge Barbara Lagoa, approved expediting the case but didn’t speed it up as much as the environmental groups sought. The order included a schedule for briefs to be filed in October and November and directed that an oral argument be held in January. The environmental groups had sought deadlines in September and October for briefs.
It is unclear how long the court will take to issue a ruling after the oral argument.
When not expedited, it is fairly common for appeals-court cases to take a year or more to resolve.
RELATED: Florida prepares to build a 2nd immigration detention center to join 'Alligator Alcatraz'
Lawyers for the state and federal governments filed documents Monday objecting to expediting the detention-center appeal and disputed arguments that the facility could harm the environment. In part, they said the detention center was built this summer at the site of a long-existing airstrip that has been used for flight training.
“(The state) has initiated studies to ensure that there would be no meaningful impact on local wildlife,” U.S. Department of Justice lawyers wrote Monday. “It only has paved over land that was previously filled and leveled. It also has instituted a rigorous waste management program, constructed speed bumps to slow traffic, and installed new silt fencing to prevent debris from falling into surrounding wetlands. And the state plans to build a drainage basin to further prevent wetland impacts.”
The lawsuit, which was joined by the Miccosukee Tribe, alleges violations of the National Environmental Policy Act, a federal law that requires evaluating potential environmental impacts before a project such as the detention center could move forward.
Williams’ preliminary injunction last month called for preventing additional construction and additional detainees at the facility. Also, she ordered the removal within 60 days of temporary fencing, detention-center lighting, and such things as generators.
But the appeals-court panel’s Sept. 4 decision to issue a stay put Williams’ order on hold.