A federal appeals court rules that Alligator Alcatraz can continue operations, and Orange County approves change to its federal enforcement agreement to remove ICE.
Three-judge panel votes to allow Alligator Alcatraz to continue operations
A federal appeals court ruled this week that the immigration detention center known as Alligator Alcatraz can continue operations.
The ruling came in response to a suit filed by environmental groups who argued that because state leaders have suggested they could receive federal reimbursement for the operating costs of the facility, it should also be subject to the federal “Environmental Policy Act,” which they said should have required the site to go through environmental review.
In a 2-1 decision, the three-judge panel overturned a lower court ruling, which could have forced the state to shutter Alligator Alcatraz.
Circuit Judge William Pryor wrote, “Federal officials made no construction decision capable of triggering the act.”
Executive Director of Friends of the Everglades Eve Samples wrote in a statement that, “The fight is far from over… We are pursuing every legal avenue available to right this wrong.”
In a response on social media, Florida Attorney General James Uthmeier called the ruling a,“Great win by our team and for the rule of law against an activist judge.”
Commissioners vote to terminate section of IGSA pertaining to ICE immigrant detainees
In a unanimous vote, Orange County commissioners decided to keep the Intergovernmental Support Agreement (IGSA) in place while terminating the section of the IGSA pertaining to ICE immigrant detainees, restricting the use of Orange County Jail by Immigration and Custom Enforcement.
The measure was received with cheers and applause by the group of more than 50 members of the Immigrants Are Welcome Here coalition and community leaders who filled the room to raise their voices on this issue and have been advocating for the change for almost a year.
“We are very proud of our county commissioners, the entire board, for making this a consensus decision, showing that there is a real commitment to due process. We feel heard, and we appreciate the leadership of the entire commission,” organizing director for HOPE Community Center Ericka Gomez-Tejeda said.
This has been an ongoing discussion for the past several months, as the county had been trying to renegotiate how much it gets reimbursed for housing federal inmates and ICE detainees.
According to a presentation by Director of Public Safety Danny Banks, Orange County has maintained an IGSA with the United States Marshals Service (USMS) since 1983. The IGSA is the primary agreement with the Federal Government under which the county houses federal inmates in the Orange County Jail and receives reimbursement for expenses related to their incarceration. ICE has been included in the IGSA agreement since 2011. But not every Florida county has an IGSA with the USMS.
Banks said Orange County is not required under federal law to have an IGSA agreement. However, the county is required by Florida law to maintain an agreement to house ICE detainees.
“The decision that was made today by the board of county commissioners is to protect our community. Public safety is number one for us and so, we had a decision to that would work where we will protect our own local public safety, but at the same time also, preserve our responsibility, to support immigration enforcement efforts in the state of Florida that is required or mandated under Florida law,” Mayor Jerry Demings said following the vote.
On February 3, 2026, Demings had sent a letter to the USMS advising them of Orange County’s limitations to accepting their increased volume of inmates to the county jail, asking to end the 72-hour repeat bookings and establishing a 130 total inmate capacity limit.
Additionally, the county had determined that the cost of incarceration for each detainee housed at the jail was $180.09 per day, however, the county’s per diem reimbursement rate was only $88 a day, per inmate, leaving a deficit.
On August 11, 2025, Orange County initiated a request to renegotiate its per diem rate of reimbursement. They provided all data requested by the USMS in support of the rate negotiations.
On January 23, 2026, the USMS offered the county a new per diem rate of $95/day. During the subsequent negotiations, the USMS increased its offer to $125/day.
The presentation also showed a comparison with other counties when it comes to reimbursement. Pinellas County currently gets $138 per day per inmate reimbursed from the federal government, while Seminole County receives $88 but it’s also currently negotiating the rate.
The board was presented with three different options: number one, to accept the new terms of the IGSA – $125 per day – but only terminate the section of the IGSA pertaining to ICE immigrant detainees. A second option to accept the new proposed rates and leave the agreement in full as it is or a third option to deny the new terms of the IGSA in its entirety and notify the USMS of the county’s intent to terminate the IGSA.
Commissioners voted for option one: to continue with the IGSA agreement but dropping the ICE component.
This option enables the county to continue to support the housing of inmates who are charged with federal criminal charges by organizations like the FBI and the DEA. However, the county would then need to transition to a Basic Ordering Agreement with ICE, under which it would be able to release ICE detainees after 48 hours in jail.
The Basic Ordering Agreement (BOA) provides short-term housing for ICE detainees, up to 48 hours. It offers a base reimbursement of $50 per detainee for a 48-hour period, with additional funding available through a state grant program bringing the reimbursement up to $200 for 48 hours while state funds are available.
Under the IGSA, the county had said they were not able to release a detainee if their 72-hour clock expires without a court order. Under the BOA, the agreement states a person can be released after 48 hours if ICE hasn’t either picked them up or filed a form in court to extend their stay.
“We have an obligation to make sure that we are upholding the constitution. And if they’re being in our facilities for longer than they’re supposed to be there, they’re not getting their hearings or not being able to access counsel. That’s on us. So today, this is going to give us a very new avenue, I believe, to make sure that we’re being as transparent and getting as much as we can for Orange County,” Orange County District 1 Commissioner Nicole Wilson said.
Immigration advocates said they see this decision as a step in the right direction.
“I hope that they realize that we are not giving up. We’ve been at this since May of last year, specifically to get ICE out of the IGSA. We are relentless. We have each other’s backs. We’re building a community where immigrants are welcome, period,” Gomez-Tejeda said.
Demings ended the discussion, saying the board does not fully discard the future possibility of pursuing legal action against the state when it comes to the mandated immigration requirements imposed.
“We’re going to continue to have our conversations. Between myself and the county attorney’s office about next steps, perhaps, in that regard, but there’s a lot of case law that’s out there that complicates that conversation,” Demings said.
According to Tuesday’s discussion, out of the 67 counties in the state of Florida, 90% of them currently have a BOA agreement in place.