The new evidence — emails and documents obtained through a public records request — shows that officials had discussed federal reimbursement in June, and that the Federal Emergency Management Agency confirmed in early August that it had received from state officials a grant application. Florida was notified in late September that FEMA had approved $608 million in federal funding to support the center's construction and operation.
“We now know that the federal and state government had records confirming that they closely partnered on this facility from the beginning but failed to disclose them to the district court,” said Tania Galloni, one of the attorneys for the environmental groups.
An appellate panel in Atlanta put a temporary hold on a lower court judge's ruling that would have closed the state-built facility. The new evidence should now be considered as the judges decide the facility's permanent fate, Friends of the Everglades and the Center for Biological Diversity, said in court papers on Wednesday.
A federal judge in Miami in mid-August ordered the facility to wind down operations over two months because officials had failed to do a review of the detention center’s environmental impact according to federal law. That judge concluded that a reimbursement decision already had been made.
The Florida Department of Emergency Management, which led the efforts to build the Everglades facility, didn't respond to an emailed inquiry on Thursday.
Florida has led other states in constructing facilities to support President Donald Trump’s immigration crackdown. Besides the Everglades facility, which received its first detainees in July, Florida has opened an immigration detention center in northeast Florida and is looking at opening a third facility in the Florida Panhandle.
The environmental lawsuit is one of three federal court challenges to the Everglades facility. In the others, detainees said Florida agencies and private contractors hired by the state have no authority to operate the center under federal law. They're also seeking a ruling ensuring access to confidential communications with their attorneys.
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