MIAMI-DADE COUNTY, Fla. – A handful of Democratic state lawmakers in Florida filed a lawsuit on Thursday after they were denied entry into the “Alligator Alcatraz” immigration detention facility, according to court records.
The lawsuit, which was filed against Gov. Ron DeSantis and FDEM Director Kevin Guthrie, claims that the site is a “detention facility” under state law, so these legislators should be allowed in.
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The issue cropped up earlier this month after one of the plaintiffs — State Rep. Anna Eskamani, D-Orlando — told News 6 that she had been denied entry after waiting over two hours alongside her Democratic colleagues trying to gain access.
“Have you ever showed up at a detention facility and been told you can’t come in? No,” she said. “It was very unclear who was in charge. We were told to speak to the (FDEM), and their general counsel hung up on us after we asked for more clarity.”
In response, the FDEM provided News 6 with the following statement explaining why the lawmakers weren’t allowed to go inside.
“The legal authority cited by the legislators does not extend to this facility in the manner requested.
Section 11.143(2), Florida Statutes, grants inspection authority to a legislative committee, not to individual legislators engaging in political theater. This distinction is crucial for ensuring that oversight is conducted through formal, established legislative processes.
Section 944.23, Florida Statutes, authorizes members of the Legislature to visit state correctional institutions. The term “state correctional institution” is defined in section 944.02(8), Florida Statutes, to mean ‘any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility . . . in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of’ the Department of Corrections. The Alligator Alcatraz facility is not under the jurisdiction of the Department of Corrections and does not otherwise fall within the statutory definition of a ‘state correctional institution.’”
Stephanie Hartman, Florida Division of Emergency Management
However, the lawsuit brings forth a few arguments as to why these lawmakers should still be allowed inside the facility.
More specifically, the lawsuit argues that the state owns the facility, as well as claims that the nickname “Alligator Alcatraz” indicates the facility is a prison. And under state law, legislators are allowed to visit state correctional facilities at their leisure.
Thus, the lawsuit claims that barring entry to these lawmakers constitutes a violation of the state’s Constitution and statutes.
In addition, the lawsuit pushes for a judge to direct both DeSantis and Guthrie to “immediately allow” these lawmakers into the detention facility.
On Thursday afternoon, News 6 reached out to the governor’s office for a response to the lawsuit.
“Yesterday, the (FDEM) invited all Florida legislators to tour Alligator Alcatraz this weekend,” a spokesperson replied. “Today, five Democrat legislators responded by filing a frivolous lawsuit demanding access to Alligator Alcatraz. The State is looking forward to quickly dispensing with this dumb lawsuit.”
Meanwhile, the full lawsuit has been attached and can be read below:
SC2025-0987 Quo Warranto by Anthony Talcott on Scribd