According to the appeal filed with the state Environmental Hearing Board, U.S. Immigration and Customs Enforcement (ICE), under the Department of Homeland Security (DHS), is seeking to overturn administrative orders issued by the Pennsylvania Department of Environmental Protection (DEP) that currently block the use of water and sewer services at both sites.
Appeal challenges DEP’s authority
In the filing, federal attorneys argue the DEP’s orders are “unreasonable” and exceed the agency’s authority, claiming they improperly restrict a federal agency’s ability to carry out immigration enforcement operations.
The appeal also asserts that Pennsylvania’s actions may violate the legal principle of federal supremacy, arguing that states cannot interfere with federal operations.
ICE is asking the Environmental Hearing Board to allow what it describes as “reasonable use” of water and wastewater systems at the two warehouse sites—similar to what was permitted when the buildings were previously used for commercial purposes.
State orders remain a major roadblock
The appeal comes after DEP issued orders in early March prohibiting water and sewer service to the facilities, and barring occupancy, until DHS demonstrates compliance with state environmental regulations.
Those orders effectively halted progress on the projects, including limiting access to basic utilities at the sites.
State officials cited concerns that converting the warehouses into large-scale detention centers could overwhelm local infrastructure, particularly water supply and sewage systems in both Tremont Township and Upper Bern Township.
Federal officials say plans still evolving
In the filing, ICE officials said plans for the facilities are still being developed and are not yet finalized. They also maintain that the agency intends to comply with all applicable laws and regulations as the projects move forward.
However, the agency argued DEP acted prematurely by issuing broad restrictions before final plans were submitted.
What happens next
The appeal begins a formal legal process before the Environmental Hearing Board, which could take months to resolve.
The case will likely include a discovery phase where both sides exchange information, followed by potential hearings or settlement discussions. If either side disagrees with the outcome, the case could be appealed further to Commonwealth Court and possibly the Pennsylvania Supreme Court.
In the meantime, the DEP’s orders remain in place, meaning the proposed facilities in Schuylkill and Berks counties cannot move forward with water, sewer, or occupancy plans until the legal dispute is resolved or requirements are met.Ongoing controversy
The proposed detention centers, one in Tremont Township, Schuylkill County, and another in Upper Bern Township, Berks County, continue to generate debate among local officials, residents, and state leaders.
Concerns have centered on infrastructure capacity, environmental impact, emergency services, and economic effects, while federal officials argue the facilities are necessary for immigration enforcement and can be operated within legal requirements.
With the latest appeal, the issue now shifts into a legal battle that could determine whether the projects proceed, or remain blocked.