A federal appeals court on Thursday allowed the controversial immigration detention center known as “Alligator Alcatraz” to resume operations, overturning a lower court ruling that had ordered the facility to shut down within 60 days.

In a 2-1 decision by the U.S. Court of Appeals for the 11th Circuit, the three-judge panel granted motions to stay a preliminary injunction issued by U.S. District Judge Kathleen Williams in August. The majority opinion, written by Circuit Judge Barbara Lagoa, concluded that state and federal defendants are likely to succeed on appeal and that the public interest favors keeping the facility operational.

The detention facility, officially dubbed “Alligator Alcatraz” was constructed in June 2025 at the Dade-Collier Training and Transition Airport within the Big Cypress National Preserve. The site, covering approximately 800,000 square feet and capable of housing thousands of detainees, was built under emergency powers invoked by Governor Ron DeSantis as part of a 2023 immigration emergency declaration.

Environmental groups Friends of the Everglades and the Center for Biological Diversity, along with the Miccosukee Tribe of Indians of Florida, filed suit on June 27, 2025, arguing that the facility’s construction violated the National Environmental Policy Act (NEPA) by proceeding without required environmental impact assessments.

On August 21, District Judge Kathleen Williams issued a preliminary injunction ordering the facility to cease operations and begin dismantling within 60 days. Williams found that the plaintiffs had demonstrated a substantial likelihood of success on their NEPA claim and that the facility posed significant environmental threats to the sensitive Everglades ecosystem.

The district court concluded that the project constituted “major federal action” subject to NEPA requirements based on public statements by DHS Secretary Kristi Noem and Governor DeSantis indicating federal funding and oversight of the facility.

The appeals court majority disagreed with the district court’s analysis on several key points. Circuit Judge Lagoa’s opinion found that no federal funding had actually been committed to the project, despite public statements to the contrary. The court noted that “obtaining funding from the federal government for a state project requires completing a formal and technical application process; a governor cannot apply for FEMA aid via press conference, and a Facebook post does not somehow transfer funds from the federal fisc to Florida”.

The majority determined that because Florida has not submitted a formal application for federal reimbursement and no federal funds have been disbursed, the project remains a state action not subject to federal environmental review requirements under NEPA’s 2023 amendments.

Circuit Judge William Jordan issued a dissent, arguing that the majority failed to apply proper deference to the district court’s factual findings and preliminary injunction decision. Jordan criticized the majority for “essentially ignor[ing] the burden borne by the defendants” and conducting “its own factfinding” rather than applying the abuse of discretion standard.

Jordan found the district court’s determination that federal funding commitments had been made was “plausible in light of the full record,” citing statements from high-ranking officials including Secretary Noem, Governor DeSantis, and FEMA Acting Administrator David Richardson.

The facility sits within the Big Cypress National Preserve, home to endangered species including Florida panthers and Florida bonneted bats. Environmental experts testified during the district court proceedings about threats to the Everglades’ delicate ecosystem from increased runoff, light pollution affecting the preserve’s status as an International Dark Sky Park, and disruption to wildlife habitats.

The appeals court’s decision allows the facility to continue operating while the underlying lawsuit proceeds through the court system. 

The case now returns to the district court for further proceedings on the merits, while the controversial facility continues housing immigration detainees in one of America’s most ecologically sensitive areas. Florida has already invested at least $245 million in the facility according to state spending data, with total vendor contracts reaching approximately $405 million.