DeSantis Uses Emergency Powers to Build ‘Alligator Alcatraz’

In a move that has raised eyebrows and sparked controversy, Florida Governor Ron DeSantis has used his emergency powers to construct a massive immigration detention center in the Everglades in less than a week. The facility, now called Alligator Alcatraz for its gator-filled wetlands location, will hold 3,000 detained immigrants. Construction is being rushed after DeSantis issued an emergency order in January 2023.

‘Alligator Alcatraz’ Detention Center — *Photo via* *D.A. Varela dvarela*

A Rapid Response Amidst Immigration Surge

This new detention center is part of DeSantis’ broader push to tackle what he describes as an immigration crisis exacerbated by the Biden administration’s inadequate response to migrant arrivals. The governor’s emergency order, originally issued in response to the flood of Cuban and Haitian migrants arriving by boat in the Florida Keys, has been extended repeatedly, even though the initial surge of migrants has since slowed.

The construction of Alligator Alcatraz, located at the Dade Collier Training and Transition Airport, began just days after Florida Attorney General James Uthmeier discussed the plans publicly on June 18. Using emergency declaration powers, the state quickly mobilized private contractors. They brought in tents, trailers, and generators to establish the facility. Within days, Florida National Guard troops were deployed to secure the site.

Controversy Over Emergency Powers

While DeSantis has defended the use of his emergency authority to expedite the building of this facility, some lawmakers and critics question whether the situation truly constitutes an emergency. Senator Lori Berman of Boca Raton and Senator Shevrin Jones of West Park have expressed concern. They question the legitimacy of the emergency powers used for the project. “What is the emergency in the state of Florida that we need to build this facility under this timeframe?” Berman asked. Meanwhile, Jones accused DeSantis of building a “prison camp” in the Everglades under false pretenses.

A Speedy Construction Process

The detention center’s construction speed is described as “turbo-speed.” This has raised concerns and admiration for its logistical efficiency. Activists, including environmental groups, have raised alarms about the lack of transparency and procedural reviews. Meanwhile, local officials in Collier County were unaware of the construction plan until just days before it began. Despite their concerns, construction proceeded rapidly, with the facility expected to open in a matter of days.

Public and Environmental Reactions

The abrupt pace of construction has caught the attention of both environmentalists and local leaders. Some residents, like Ra Schooley—a former flight instructor familiar with the area—were startled by the Federal Aviation Administration’s (FAA) notice. It stated that the small airport would be shut down for three days, indicating the intensity of the project. Friends of the Everglades and other environmental groups raised concerns about limited public input. They also worry about ecosystem impacts.

Despite the concerns, DeSantis has emphasized that the project is necessary for the state to assist with federal immigration enforcement. “Time is of the essence,” DeSantis said, explaining that the state must act swiftly to meet operational demands.

State of Emergency and Political Context

This decision follows a pattern of executive overreach, as DeSantis has repeatedly extended the state of emergency over immigration, which has been in place for over two years. Experts like Chris Reynolds, an emergency management professor, suggest this use of emergency powers is unusual. It may be seen as an overreach, though it is not technically illegal. Reynolds argued that emergency response laws allow quick action during disasters. However, this case stretches the “true emergency” definition.

A Broader Legal and Political Debate

The Florida immigration detention facility is not an isolated example of a state using emergency powers to bypass typical legal processes. Texas Governor Greg Abbott similarly used emergency powers to take control of a local park in Eagle Pass, Texas, to use as a staging area for immigration enforcement, leading to questions about the balance of state power and the rights of local governments.

The political and legal ramifications of using emergency authority in this manner are still unfolding. As Florida continues to push forward with its ambitious immigration agenda, the construction of Alligator Alcatraz is likely to remain a point of contention both within the state and across the country.

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