Alligator Alcatraz: how DeSantis bent the law to build it

The state of Florida has opened a migrant detention center in the Everglades. Its official name is Alligator Alcatraz, a reference to the former maximum security federal penitentiary in San Francisco Bay.

While touring Alligator Alcatraz on July 1, 2025, President Donald Trump said, “This facility will house some of the menacing migrants, some of the most vicious people on the planet.” But new reporting from the Miami Herald/Tampa Bay Times reveals that of more than 700 detainees, only a third have criminal convictions.

To find out more about the state of Florida’s involvement in immigration enforcement and who can be detained at Alligator Alcatraz, The Conversation spoke with Mark Schlakman, a lawyer and senior program director for The Florida State University Center for the Advancement of Human Rights. He also served as special counsel to Florida Gov. Lawton Chiles, working as a liaison of sorts with the federal government during the mid-1990s when tens of thousands of Haitians and Cubans fled their island nations on makeshift boats, hoping to reach safe haven in Florida.

U.S. Homeland Security Secretary Kristi Noem has characterized the migrants being detained in facilities like Alligator Alcatraz as “murderers and rapists and traffickers and drug dealers.” Do we know if the detainees at Alligator Alcatraz have been convicted of these sorts of crimes?

The Times/Herald published a list of 747 current detainees as of Sunday, July 13, 2025. Their reporters found that about a third of the detainees have criminal convictions, including attempted murder, illegal reentry to the U.S., which is a federal crime, and traffic violations. Apparently hundreds more have charges pending, though neither the federal nor state government have made public what those charges are.

There are also more than 250 detainees with no criminal history, just immigration violations.

Is it a crime for someone to be in the U.S. without legal status? In other words, is an immigration violation a crime?

No, not necessarily. It’s well established as a matter of law that physical presence in the U.S. without proper authorization is a civil violation, not a criminal offense.

However, if the federal government previously deported someone, they can be subject to federal criminal prosecution if they attempt to return without permission. That appears to be the case with some of the detainees at Alligator Alcatraz.

What usually happens if a noncitizen commits a crime in the U.S.?

Normally, if a foreign national is accused of committing a crime, they are prosecuted in a state court just like anyone else. If found guilty and sentenced to incarceration, they complete their sentence in a state prison. Once they’ve served their time, state officials can hand them over to U.S. Immigration and Customs Enforcement, or ICE. They are subject to deportation, but a federal immigration judge can hear any grounds for relief.

DHS has clarified that it “has not implemented, authorized, directed or funded” Alligator Alcatraz, but rather the state of Florida is providing startup funds and running this facility. What is Florida’s interest in this? Are these mostly migrants who have been scooped up by ICE in Florida?

It’s still unclear where most of these detainees were apprehended. But based on a list of six detainees released by Florida Attorney General James Uthmeier’s office, it is clear that at least some were apprehended outside of Florida, and others simply may have been transferred to Alligator Alcatraz from federal custody elsewhere.

This calls to mind the time in 2022 when Gov. Ron DeSantis flew approximately 50 migrants from Texas to Martha’s Vineyard in Massachusetts at Florida taxpayer expense. Those migrants also had no discernible presence in Florida.

To establish Alligator Alcatraz, DeSantis leveraged an immigration emergency declaration, which has been ongoing since Jan. 6, 2023. A state of emergency allows a governor to exercise extraordinary executive authority. This is how he avoided requirements such as environmental impact analysis in the Everglades and concerns expressed by tribal governance surrounding that area.

For now, the governor’s declaration remains unchallenged by the Florida Legislature. Environmental advocates have filed a lawsuit over Alligator Alcatraz, and the U.S. Supreme Court upheld a decision by a federal judge temporarily barring Florida from enforcing its new immigration laws, which DeSantis had championed. But no court has yet intervened to contest this prolonged state of emergency.

This presents a stark contrast to Gov. Lawton Chiles’ declaration of an immigration emergency during the mid-1990s. At that time, tens of thousands of Cubans and Haitians attempted to reach Florida shores in virtually anything that would float. Chiles’ actions as governor were informed by his experience as a U.S. senator during the Mariel boatlift in 1980, when 125,000 Cubans made landfall in Florida over the course of just six months.

Chiles sued the Clinton administration for failing to adequately enforce U.S. immigration law. But Chiles also entered into unprecedented agreements with the federal government, such as the 1996 Florida Immigration Initiative with U.S. Attorney General Janet Reno. His intent was to protect Florida taxpayers while enhancing federal enforcement capacity, without dehumanizing people fleeing desperate circumstances.

During my tenure on Chiles’ staff, the governor generally opposed state legislation involving immigration. In the U.S.’s federalist system of government, immigration falls under the purview of the federal government, not the states. Chiles’ primary concern was that Floridians wouldn’t be saddled with what ought to be federal costs and responsibilities.

Chiles was open to state and local officials supporting federal immigration enforcement. But he was mindful this required finesse to avoid undermining community policing, public health priorities and the economic health of key Florida businesses and industries. To this day, the International Association of Chiefs of Police’s position reflects Chiles’ concerns about such cooperation with the federal government.

Now, in 2025, DeSantis has taken a decidedly different tack by using Florida taxpayer dollars to establish Alligator Alcatraz. The state of Florida has fronted the US$450 million to pay for this facility. DeSantis reportedly intends to seek reimbursement from FEMA’s Shelter and Services Program. Ultimately, congressional action may be necessary to obtain reimbursement. Florida is essentially lending the federal government half a billion dollars and providing other assistance to help support the Trump administration’s immigration enforcement agenda.

Florida is also establishing another migrant detention facility at Camp Blanding Joint Training Center near Jacksonville. A third apparently is being contemplated for the Panhandle.

ICE claims that the ultimate decision of whom to detain at these facilities belongs to the state of Florida, through the Florida Division of Emergency Management. Members of Congress who visited Alligator Alcatraz earlier this week have disputed ICE’s claim that Florida is in charge.

You advised Florida Division of Emergency Management leadership directly for several years during the administrations of Gov. Charlie Crist and Gov. Rick Scott. Does running a detention facility like Alligator Alcatraz fall within its typical mission?

The division is tasked with preparing for and responding to both natural and human-caused disasters. In Florida, that generally means hurricanes. While the division may engage to facilitate shelter, I don’t recall any policies or procedures contemplating anything even remotely similar to Alligator Alcatraz.

DeSantis could conceivably argue that this is consistent with a 287(g) agreement authorizing state and local support for federal immigration enforcement. But such agreements typically require federal supervision of state and local activities, not the other way around.