The ordinance establishing Collier County as a Sanctuary County.
Aug. 21, 2025 by David Silverberg
State and federal actions at the Alligator Alcatraz detention and deportation camp that violate the US Constitution’s Bill of Rights could be nullified under Collier County’s “Bill of Rights Sanctuary County” ordinance, since the camp is in Collier County, Florida.
Violators of these rights can be personally held liable in civil litigation under the ordinance.
This may present a lifeline to detainees and a possible avenue of release for their attorneys to pursue.
The camp is intended as a holding facility for undocumented migrants seized in roundups prior to their deportation. It faces growing opposition from local residents, religious leaders, the Miccosukee Tribe of Indians of Florida and environmentalists. (For more on the camp see: “Straight outta Dachau: Past lessons and potential futures for ‘Alligator Alcatraz’.”)
The venue argument
On Monday, Aug. 18, Judge Rodolfo Ruiz of the US District Court in the Southern District of Florida ruled that the proper venue for resolution of a lawsuit regarding Alligator Alcatraz was in the Middle District of Florida.
Prior to that, lawyers for detainees being held in the camp had filed their lawsuit in the Southern District of Florida, which covers Miami-Dade County since the site sits on the boundaries of Collier and Miami-Dade counties and the facility was previously run by Miami-Dade County.
(The lawsuit brought by the detainees’ lawyer named Homeland Security Secretary Kristi Noem as defendant and charged that authorities at Alligator Alcatraz had denied detainees their First and Fifth amendment rights by blocking and impeding access to counsel.)
The Southern District of Florida, comprised of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie counties. (Map: US District Court)
However, the state, which established the camp and opened it on July 1, argued that the camp’s proper address was Ochopee, Florida, which is in Collier County.
(The camp sits on the 39-acre site of what was the Dade-Collier Training and Transition Airport. Two thirds of it is in Collier County, although the training facility was run by Miami-Dade County. Its precise coordinates are: 25°51′42″N 080°53′49″W.)
State lawyers argued that because it was in Collier County, the proper venue for any litigation was in the Middle District of Florida, which includes that county.
The Middle District of Florida, comprised of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia counties. (Map: US District Court)
In his ruling, Ruiz agreed, officially establishing Collier County as the location of the camp. (The full text of the 47-page ruling is available for reading and download below.)
Collier County is a ‘Bill of Rights Sanctuary county’
On Aug. 22, 2023, by a vote of 4 to 1, the Collier County Board of Commissioners passed an ordinance declaring the county to be “a Bill of Rights Sanctuary County.”
(The full text of the ordinance is available for viewing and download at the end of this article.)
“Collier County has the right to be free from the commanding hand of the federal government and has the right to refuse to cooperate with federal government officials in response to unconstitutional federal government measures, and to proclaim a Bill of Rights Sanctuary for law-abiding citizens in its County,” states the ordinance.
It defines an “unlawful act” as “Any federal act, law, order, rule, or regulation, which violates or unreasonably restricts, impedes, or impinges upon an individual’s Constitutional rights including, but not limited to, those enumerated in Amendments 1 through 10 to the United States Constitution.”
Further, it states: “Any such ‘Unlawful Act’ is invalid in Collier County and shall not be recognized by Collier County, and shall be considered null, void and of no effect in Collier County, Florida.”
The ordinance defines penalties for violations in Section Five: “Anyone within the jurisdiction of Collier County, Florida, accused of being in violation of this ordinance may be sued in Circuit Court for declaratory and injunctive relief, damages and attorneys’ fees.”
Of note: The ordinance specifically states that “anyone” in the county may be sued if they violate a person’s constitutional rights.
Analysis: Possible implications
Because Collier County is a “Bill of Rights Sanctuary” county, Alligator Alcatraz detainees may have standing to sue the US government for violation of their constitutional rights.
What is more, their guards and the operators of the camp may be personally liable for any constitutional violations under the same ordinance.
Further, county employees, officials and law enforcement officers are prohibited from aiding, assisting or abetting federal Alligator Alcatraz activities if those activities are determined to violate constitutional rights.
Detainee lawsuits under the county ordinance—and the ordinance itself—could pause or halt transfers into the camp and force due process adherence and proper treatment. It could also be the basis for an injunction stopping the camp’s operations. (The camp is already under an injunction prohibiting construction and infrastructure expansion. This injunction is set to expire today, Aug. 21.)
The county ordinance has never been applied or tested in court. During the debate preceding its passage, opponents argued that it was unconstitutional on its face. Nonetheless, the Collier County Board of Commissioners passed it.
Environmental lawsuit
A different lawsuit filed by Friends of the Everglades, the Center for Biological Diversity and the Miccosukee Tribe of Indians of Florida is currently ongoing and has venue issues similar to the one ruled on by Judge Ruiz.
That lawsuit was filed in US District Court in Miami on June 27. It named the heads of the US Department of Homeland Security, its US Immigration and Customs Enforcement directorate, the Florida Division of Emergency Management and Miami-Dade County as defendants.
Click the button below to read and download the full, 6-page Collier County Bill of Rights Sanctuary Ordinance.
Click the button below to read and download the full 47-page ruling by Judge Rodolfo Ruiz.
Liberty lives in light
© 2025 by David Silverberg