The administration of Governor Ron DeSantis has struck back against a lawsuit filed by Democratic legislators, arguing in court filings that individual lawmakers possess no inherent legal right to enter a controversial immigrant detention facility in the Everglades “at their pleasure.”
The dispute centers on a remote site at the Dade-Collier Training and Transition Airport, colloquially dubbed “Alligator Alcatraz.” Five Democratic lawmakers sued in July after they attempted an unannounced inspection of the facility but were turned away. The group—Senators Shevrin Jones and Carlos Guillermo Smith, along with Representatives Anna Eskamani, Angie Nixon, and Michele Rayner—contended the denial violated state laws that grant legislators access to correctional institutions.
However, in a response filed last week in Leon County Circuit Court, attorneys representing DeSantis and Division of Emergency Management Director Kevin Guthrie argued that those specific access laws are irrelevant in this context.
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The state’s defense hinges on a technical distinction: they assert the facility is not a prison.
“The facility is not a ‘state correctional institution’ because it is not a ‘prison’ or ‘other correctional facility,’” the response stated. The filing argued that while prisons are part of the criminal justice system, “Alligator Alcatraz” operates as a “short-term civil detention facility” where undocumented immigrants are processed for deportation under federal authority.
Consequently, the administration claims the laws invoked by the Democrats “do not entitle them as individual legislators to enter Alligator Alcatraz at their pleasure.”
Separation of Powers Dispute
The lawsuit, originally filed with the Florida Supreme Court before being remanded to the circuit court, alleges unconstitutional executive overreach. The lawmakers argued that the administration prevented “duly elected members of the Florida Legislature” from fulfilling their oversight duties regarding taxpayer funds and safety conditions.
“The petitioners attempted to arrive unannounced so that they could observe the unadulterated conditions of the facility,” the lawsuit stated, characterizing the denial as a restriction on the Legislature’s independence as a co-equal branch of government.
While some state and federal officials have been granted toured access since the controversy began, Democrats criticized those visits as tightly controlled, leaving key questions unanswered.
The DeSantis administration pushed back on the separation-of-powers argument, distinguishing between the powers of the Legislature as a body and the powers of individual members. While the state Constitution allows legislative committees to conduct investigations, the administration’s attorneys argued that individual members do not hold that same unilateral authority.
“It is petitioners who attempt to usurp the authority of the Legislature and its committees by taking matters into their own hands,” the state’s response read.
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Context and Next Steps
The detention center was established this summer to assist with mass deportation efforts initiated by President Donald Trump. Situated in a remote area surrounded by the Big Cypress National Preserve and the Everglades, the facility has attracted significant scrutiny and separate federal legal challenges.
The case regarding legislative access is now before Leon County Circuit Judge Jonathan Sjostrom. As of Monday morning, no hearings have been scheduled on the docket.
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