Alligator Alcatraz tour planned for Saturday as Democratic lawmakers file lawsuit

MIAMI, Fla. - Democratic lawmakers have filed a lawsuit, demanding that they immediately be let in to inspect Alligator Alcatraz.

The lawsuit that has been filed in state supreme court says the governor and the Department of Emergency Management overstepped their authority.

The backstory:

At first, the state said lawmakers would not be allowed in on a surprise basis over safety concerns. Then they said they were being banned from oversight because it's not technically a state correctional facility.

Now, the state says they will allow a pre-scheduled tour that will only be for members of congress and state legislature.

RELATED: Democratic lawmakers say they were blocked from entering 'Alligator Alcatraz'

Among the first people to be bussed into Alligator Alcatraz is a client of Orlando attorney Josephine Arroyo,

"We knew that he had an ICE hold and was going to be transported," Arroyo said. 

She's furious over it and claims that her client is a legal DACA recipient, which means he was brought here by his parents as a child in 2001. 

The 36-year-old was arrested several months ago for not appearing for a warrant over a suspended license, one he didn't know he had.

Arroyo says the president isn't holding true to his pledge that the first inmates would be "the worst of the worst."

"He's living as an American," said Arroyo. "He has a CDL, commercial driver's license. He has great employer. His employer wrote a letter on his behalf. He has a valid work permit."

RELATED: Mosquitoes become a concern at Alligator Alcatraz

During a phone call from Alligator Alcatraz on Tuesday, he told Arroyo that the air conditioning is inconsistent, that there are mosquitoes, that the toilet system is backing up and that sleeping is next to impossible because the lights in the tents are always on. 

"It just sounds like horrible conditions and a project that, in my opinion, was very rushed," said Arroyo.

What's next:

Lawmakers will get a glimpse of it on Saturday, during a 90-minute open house called by the Florida Division of Emergency Management. 

Democratic lawmakers were blocked from touring it last week on a walk-in basis and were not sold on the idea of a scheduled visit.

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What they're saying:

"What is it that they're hiding?" asked Sen. Carlos Guillermo Smith on Tuesday. "Why won't they let media be allowed entry into this facility to report on what the conditions are? Why aren't they being transparent."

The state has rejected concerns that conditions are unfit. 

The attorney is hopeful her client won't be there much longer.

RELATED: State responds to lawmakers who tried to visit Alligator Alcatraz

"I believe in our system still and I'm also an eternal optimist," said Arroyo. "We did file a motion for bond with ICE. ICE did respond to us so I know that they have it."

She says it has been impossible to contact detainees in the facility, so she is hoping to hear from him this week if he's able to call.

She says if ICE doesn't respond soon to their motion for bond, the complaint will be filed in Federal court.

The lawsuit that has been filed in state supreme court says the governor and the Department of Emergency Management overstepped their authority.

Florida