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Federal Appeals Court Rules ‘Alligator Alcatraz’ Can Live On In Big Win for Trump, DeSantis

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Federal authority is, at most, indirect: it is involved in the construction only insofar as it sets the terms for which the facility may be used for detention of aliens, but Florida officials dedicated its land to that use. The Environmental Policy Act applies “only when there is federal decision-making.” S.Fla. Water Mgmt. Dist., 28 F.3d at 1573. Federal officials made no construction decision capable of triggering the Act. …

Even if the environmentalists and Tribe were likely to succeed on their claim, we would still vacate a portion of the injunction. The district court enjoined federal officials from “bringing any additional persons onto the . . . site who were not already being detained” there. The injunction conflicts with a provision of the Illegal Immigration Reform and Immigrant Responsibility

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