Suit Challenges Floridaās Authority To Detain Migrants Under 287(g)
America ı By Samuel Lopez
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Case Intel
ā¢ Floridaās Everglades camp faces a class challenge arguing the state has no 287(g) authority to detain migrants.
ā¢ Plaintiff says detainees were āinvisibleā to ICE systems, lacked bond decisions, and were pushed to sign English-only removal forms.
ā¢ Immediate asks include habeas relief and an injunction; early rulings on authority and custody procedures could arrive on a fast timetable.
By SAMUEL LOPEZ
USA HERALD (August 24, 2025) ā Immigration advocates launched a fresh attack late Friday on Floridaās Everglades detention camp, filing a proposed class action that says the state simply lacks the power under the Immigration and Nationality Act to hold people for deportation. The lead plaintiff, identified as M.A., argues Florida officials are invoking Section 287(g) as a catch-all badge of authority when, in reality, that section deputizes only specifically trained and certified officers under formal agreements with the federal governmentānot entire state agencies running their own āimmigration jailā in the swamp.
The complaint, filed in the Middle District of Florida, says the INA does not authorize state agencies to detain immigrants during the federal removal process and that Floridaās facility is operating outside the statuteās strict guardrails. According to the suit, detainees at the camp have gone without initial custody and bond determinations, donāt appear in ICEās public locator, andāuntil recentlyācouldnāt even file bond petitions or attend hearings. That, the filing says, isnāt a paperwork glitch; itās a symptom of āclear lack of authority at the heart of the facilityās operations.ā
M.A. has lived in the U.S. since 2018, is married to a U.S. citizen, and helps raise five U.S. citizen stepchildren, the suit says. He entered on a visa, applied for asylum, and holds a work permit, Social Security card, and driverās license. He was arrested outside his home on July 23 and, by July 26, was confined at the Everglades camp. There, officers allegedly pressured him to sign a voluntary removal form written in English that was never translated. āM.A. had no intention of agreeing to removal,ā the complaint adds. āHe wants to stay in the United States with his wife and stepchildren and finish pursuing his asylum application.ā The filing also says that while he could walk before detention, he now uses a wheelchair and has twice been hospitalized in a month.
On a July 12 guided tour for legislators, Floridaās Division of Emergency Managementāthe agency running the siteādescribed it as a āstate-run immigration facilityā with power ārooted in 287(g),ā according to the complaint. The plaintiffs counter that any 287(g) authority flows to particular employees who have completed DHS training and certification, not to the agency itselfāand they say FDEM has no 287(g) agreement with ICE at all. āPeople are being held without charge, cut off from their attorneys, and made invisible in the immigration system,ā said Amy Godshall of the ACLU of Florida in a statement. āFamilies cannot even find out where their loved ones are. This is a crisis created entirely by the stateās reckless decision to ignore federal law and invent its own immigration jail in the middle of the Everglades.ā
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