DOJ Totally Screws Over Ron DeSantis on Alligator Alcatraz

Florida Governor Ron DeSantis may be left footing the bill for Alligator Alcatraz—Donald Trump’s wetland-themed concentration camp—so the Department of Justice can sidestep threats from environmental groups that would shut the facility down, according to the Florida Phoenix.

In a filing Tuesday, the Department of Justice clarified that the ICE facility in the Florida Everglades wasn’t eligible to receive federal funding for construction—only for its day-to-day operation.  

“Any potential future federal funding is reimbursement-based, calculated per detainee, and available only for operational costs—not construction or facility modification,” Principal Deputy Assistant Attorney General Adam Gustafson wrote.

“As it likely will be structured, there will be no potential federal funding of the facility’s design, siting, maintenance, or construction, and no federal approval authority over whether the facility is built at all,” he added.

The filing was made as part of an ongoing legal battle brought by the Friends of the Everglades, Earthjustice, and the Miccosukee Tribe, who hoped to block the construction. The groups alleged that the expedited construction of a facility at the Big Cypress National Preserve had been done without complying with federal environment laws and regulations. A lower court had sided with the environmental groups, and the government appealed the decision. 

The government’s appeal hinges on the question of federal funding: if the facility never received federal dollars, then it wouldn’t need to comply with federal laws. 

In a separate filing Tuesday, Florida Attorney General James Uthmeier claimed that the Sunshine State had accepted the “risk” that the FEMA money reimbursement might “not materialize” at all.

But when Alligator Alcatraz was first announced, Homeland Security Secretary Kristi Noem claimed the facility would “in large part be funded by FEMA’s Shelter and Services Program.” The facility would cost $450 million a year to operate. 

If the funds for construction don’t arrive—and it seems like they won’t—the Florida Division of Emergency Management might have to foot more than just the $245 million construction bill. So far, the FDEM has pulled together roughly $406 million to fund the state’s immigration enforcement efforts. 

In September, DHS announced that it had submitted an application for a $608 million grant for Alligator Alcatraz to FEMA and been approved—but that didn’t mean that the money had actually been sent, DOJ lawyers claimed Tuesday. 

FDEM Director Kevin Guthrie said earlier this month that FEMA told him the DOJ had held up the massive reimbursement.