“Alligator Alcatraz” Violates the Constitution—Nevadans Must Demand It Be Shut Down
July 25, 2025
By Dr. Thomas J. Powell
Federalism, by design, is modeled to restrain centralized power, protect individual liberties, and prevent any branch of government from operating unchecked. When executive agencies create detention sites that operate outside the reach of judicial oversight, deny access to legal counsel, and disregard basic health standards, they not only breach public trust but also violate the Constitution.
The site now referred to as “Alligator Alcatraz” represents precisely such a breach. Credible reports describe maggots in food, flooding, mosquito-infested quarters, denial of hygiene, and a systemic lack of access to counsel. These conditions are not unfortunate bureaucratic failures. They are constitutional violations. The Fifth and Fourteenth Amendments explicitly prohibit the deprivation of liberty without due process of law. That protection applies to all persons under U.S. jurisdiction—citizens or otherwise. Nevada residents, as U.S. citizens, must recognize this as a matter of national integrity and local urgency.
This is not merely a federal issue. It is a test of our state’s voice in the union. Nevadans are represented in Congress by senators and representatives who have both the authority and the duty to investigate and intervene. Our governor, too, bears responsibility when executive overreach threatens the legitimacy of federal enforcement actions. If our elected officials fail to act, they tacitly endorse the erosion of constitutional safeguards that protect us all.
The United States Supreme Court has repeatedly affirmed that immigration enforcement, while governed in part by the plenary power doctrine, does not exempt the executive branch from constitutional limits (Zadvydas v. Davis, 2001). No facility—however remote or temporary—may operate beyond the reach of due process. Detaining individuals without meaningful access to legal representation or judicial review constitutes a clear violation of both substantive and procedural due process guarantees.
Equally troubling is the revelation that funds for this facility were diverted from the Federal Emergency Management Agency. Such financial maneuvering disregards legislative appropriations authority and undermines the principle of separation of powers. It is, in effect, an administrative circumvention of congressional oversight. That should concern every taxpayer in Nevada—and every legislator sworn to uphold the Constitution.
This is not a question of political ideology. It is a question of legal legitimacy. Immigration policy must be enforced within the confines of constitutional law, not beyond them. “Alligator Alcatraz” appears to operate in defiance of that law. It should be shut down immediately—not as a matter of politics, but as a matter of fidelity to our founding legal principles.
Nevada has a voice in this national crisis. We must use it. Our congressional delegation should demand access to the site, block any future federal funding tied to its operation, and call for the immediate release or relocation of detainees to facilities that meet constitutional standards. Our state leadership must speak plainly: this facility is a threat to due process, a liability to the Republic, and a disgrace to a nation that claims to operate under law.
Thomas J. Powell, a native of Sierra Nevada, is an entrepreneur and finance strategist whose ventures span real estate, capital markets, and legal innovation. He holds a Doctorate in Law and Policy and instructs doctoral students on federalism and constitutional law.
What do you think? Please post your comment here or email me at Publius.Connect@gmail.com. Together, I feel that we can continue to lead our industry forward and provide fair opportunities to all who seek them.
