Florida Detention Center Legal Access Dispute
Lawyers representing individuals held at a Florida Everglades immigration detention facility have formally requested that a federal judge conduct an unannounced inspection of the site. The purpose would be to evaluate whether detainees are receiving adequate opportunities to consult with their legal representatives.
The request was submitted to U.S. District Judge Sheri Polster Chappell. The attorneys seek the visit to occur within the coming two months to determine if meetings between detainees and lawyers are conducted privately and consistently. This facility, established earlier this year at a remote airstrip, was created under the administration of Florida's Republican governor.
In their legal filing, the detainees' counsel argues that the current system imposes significant barriers. They state that attorneys must schedule visits three days ahead, unlike at other detention centers where lawyers may arrive during designated hours. The filing also notes that detainees are frequently transferred after appointments are made, and scheduling issues have sometimes prevented meetings before important legal deadlines.
"Federal courts routinely conduct site visits as a valid fact-finding tool, especially in cases involving conditions of confinement," the detainees' attorneys wrote in their request.
However, attorneys representing the state of Florida have strongly opposed this proposal. They contend that a federal judge lacks the authority to inspect a state-operated facility and that such a visit would create substantial security risks.
"It would also impose a large burden on facility staff and significantly interrupt the facility’s operations," attorneys for the state of Florida said.
As of this week, no decision has been issued by the judge regarding the inspection request.
The judge, who presides in Fort Myers, recently directed attorneys from both sides to meet in an attempt to settle the matter. Despite discussions lasting several hours, no agreement was reached.
Broader Legal Challenges
This case concerning legal access is one of three federal lawsuits targeting operations at the detention center. Another legal action, filed in Fort Myers federal court, challenges the state's authority to run an immigration facility, arguing that immigration matters fall under federal jurisdiction. A judge recently declined a request to temporarily shut down the center.
A separate lawsuit led a Miami federal judge last summer to order the facility to cease operations within two months due to environmental review failures. That ruling has been temporarily suspended by an appeals court, allowing the center to remain operational.
Detainees have reported numerous issues, including malfunctioning toilets, unsanitary conditions, and pervasive insect problems. During a visit last summer, the former president suggested the facility could serve as a model for future detention sites as efforts to expand deportation infrastructure continued.