Environmentalists suing to stop the detention center for illegal migrants known as Alligator Alcatraz did so in the wrong venue, according to a top Florida official who asked a federal judge Monday to transfer or dismiss the case.
The Trump administration previously authorized a plan led by Florida Attorney General James Uthmeier to build a migrant detention center in the Everglades, known as “Alligator Alcatraz,” and the Center for Biological Diversity and Friends of the Everglades then filed a lawsuit in U.S. District Court on June 27 to stop its construction. Executive Director for the Florida Division of Emergency Management Kevin Guthrie argued in a court filing Monday that their lawsuit was filed in the wrong jurisdiction, as Alligator Alcatraz is located in a different county.
“All the detention facilities, all the buildings, and all the paving at issue are sited in Collier County, not Miami-Dade,” Guthrie wrote. “Plaintiffs concede this point in their own declarations, which state that all the facilities,
pavement, and activity at the site are in Collier County. …Â No relevant decisionmaking is occurring in Miami-Dade County.”
Florida Dept Emergency Management Response Alligator Alcatraz by audreystreb on Scribd
The detention center is owned by Miami-Dade County, though it is located in Collier County, according to Guthrie’s filing and multiple reports.
Friends of the Everglades argues that Guthrie’s argument amounts to “judge-shopping,” a practice in which litigants seek a judge that they consider to be more likely to rule in their favor. Guthrie is one of the several defendants in the case, along with Miami-Dade County, Secretary of Homeland Security Kristi Noem and Acting Director of the U.S. Immigration and Customs Enforcement Todd Lyons, according to the lawsuit.
“The defendants had no objection to venue in the Southern District of Florida until this case was reassigned to Judge Williams, who previously held Florida Attorney General Uthmeier in contempt for ignoring her orders,” lead attorney for Friends of the Everglades Paul Schwiep wrote in a statement provided to the Daily Caller News Foundation. “Suddenly, in an obvious attempt at judge-shopping, the State objects to Judge Williams ruling on this case. The State of Florida commandeered the Site from Miami-Dade County, the Site is partially within Miami-Dade County, the County is a Defendant, and the case was appropriately filed in Miami-Dade County.”
Guthrie argues that the green groups’ claims in the lawsuit would not pertain to Florida’s Southern District, but the Middle District, according to his filing. Guthrie continues to argue against one assertion in the suit that alleges federally-required environmental review was not completed in Miami-Dade County, stating that the demolition site requiring review is not located that county. Additionally, Guthrie wrote in the filing that all decisionmaking for the facility is happening outside of Miami-Dade County.
Guthrie and the Center for Biological Diversity did not respond to the DCNF’s requests for comment.
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