The federal Immigration and Customs Enforcement and Department of Homeland Security are challenging a state order barring the opening of a Schuylkill County detention center until ICE gives written proof it will comply with government air and water laws.

ICE filed the appeal on April 8 with the Pennsylvania Environmental Hearing Board.

At issue is a March 5 administrative order issued by the Pennsylvania Department of Environmental Protection stopping ICE from opening planned immigrant detention centers in Tremont Township and in Bern Township, Berks County.

DEP forbade ICE from opening the centers until it provides written proof that operations won’t deplete water supplies for neighboring towns and that it would be able to properly dispose of waste without harming the local infrastructure or the environment.

DEP gave ICE until April 26 to submit the information; ICE has since asked for a three-month extension.

ICE contends it should be allowed to operate the centers under the same water and sewer permits granted the former Big Lots warehouse in Tremont Township that DHS bought in January of this year to convert into a detention center.

Now, ICE and DHS are calling DEP’s orders “unreasonable and unsupported by a factual basis in that the orders prevent ICE” from using the water and sewage services allowed to the warehouse.

Furthermore, ICE called the orders unreasonable in that they “extend well beyond what would be reasonably necessary to uphold the DEP’s responsibilities to protect the Pennsylvania environment and public water systems,” the appeal states.

ICE and DHS contend the restrictions “unreasonably interfere with and encroach upon a federal law enforcement agency’s ability to fulfill its responsibilities of enforcing the nation’s immigration laws,” the appeal states.

In its appeal, ICE and DHS contend that “actions taken by (DEP) that are neither reasonable nor appropriate constitute an abuse of the Department’s discretion.”

The federal agencies also argue that DEP has “failed to demonstrate why its orders are reasonable and appropriate.”

DEP Press Secretary Neil Shader said the “explanations for DEP’s orders are described in the orders themselves, which remain in effect during this appeal.”

ICE and DHS also pointed to Gov. Josh Shapiro’s, who opposes the detention centers, suggesting that DEP’s orders were politically motivated.

“Public comments from the Pennsylvania governor state an intention to ‘use’ DEP to interfere with ICE’s intended use of its properties, which suggests DEP’s actions are motivated at least in part by antipathy against ICE. On Feb. 26, 2026, the governor stated that he intended to ‘use every tool at his disposal’ to stop ICE’s intended use of the facilities, and further stated ‘I don’t want either of these sites here in the Commonwealth of Pennsylvania,’ ” the appeal states.

The appeal quotes Shapiro as saying “there are a number of regulatory steps we could take through the Department of Environmental Protection, Department of Health, Department of Labor and Industry.”

One week late, the appeal states, DEP’s “orders were issued.”

“This timing, coupled with the fact that DEP has prohibited any use of water or sewage at the properties (even at previously approved and permitted levels), suggests motivation beyond DEP’s authority to prevent nuisance conditions by regulating the use of water and sewage systems, and thus a failure to act reasonably and appropriately.”

Furthermore, the appeal contends the federal law as the “supreme law of the land, preempting state and local regulations.”

“The doctrine of intergovernmental immunity prohibits states and localities from interfering with or regulating federal operations or contractors.”

DHS bought the vacant former 1.3-million-square-foot warehouse, at 50 Rausch Creek Road in Tremont Township, for $119 million on Jan. 15 of this year.

ICE has said the facility would house up to 7,500 inmates and 2,500 staff.

The initial plans were to open the facility this spring.

However, newly appointed DHS Secretary Markwayne Mullin has said he would pause the purchase of new facilities and scrutinize those bought under the direction of former DHS Secretary Kristi Noem.

Schuylkill County officials have had telephone conference calls with DHS and ICE, and commissioners Chairman Larry L. Padora has said the agencies have made “tentative verbal agreements” on such matters as water supplies, sewage disposal, communications with local emergency and first responders and truck traffic on local roads.

Padora has insisted he wants those agreements in writing, however.

As of April 8, he said he said he was working on arranging a conference with Mullin via Congressman Dan Meuser, R-9.