ICE Pushes Back Against Pennsylvania’s Environmental Blocks on New Detention Warehouses

The federal government’s efforts to convert warehouses into sprawling immigration detention centers in Pennsylvania have hit a significant legal roadblock. The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) are appealing state environmental orders that prevent them from accessing essential water and sewer services at two key warehouse sites in Upper Bern and Tremont townships.

These warehouses are part of ICE’s controversial “detention reengineering initiative,” which involves purchasing facilities nationwide for over $1 billion to expand detention capacity. The plan includes a 1,500-person processing center at 3501 Mountain Road in Berks County. But Pennsylvania’s Department of Environmental Protection (DEP) issued administrative orders barring ICE from using the water and sewer systems until the agency complies with state environmental regulations.

ICE’s appeal, filed April 8 with the state Environmental Hearing Board, argues that DEP’s orders are “unreasonable” and lack legal authority. ICE’s attorney Daniel Wilmoth claimed the state failed to provide evidence justifying the blocks and suggested the actions stem from “antipathy against ICE,” pointing to Governor Josh Shapiro’s public opposition to the detention centers.

The agency further contends that state interference violates the constitutional doctrine of intergovernmental immunity, which limits states’ ability to regulate federal operations. ICE insists it intends to follow all laws and regulations as it moves forward with the detention center conversions, aiming to activate all facilities by November 30, 2026.

Local officials and environmental regulators, however, remain deeply concerned. DEP’s southcentral regional director Robert DiGilarmo highlighted unresolved issues with the public water system’s lack of proper permits and discrepancies in sewage planning. These concerns reflect broader worries about the strain on local infrastructure and the environmental impact of housing thousands of detainees in converted warehouses.

While ICE’s appeal process could take months, it underscores the growing resistance from state and local authorities against the federal government’s aggressive expansion of detention facilities. If DEP’s orders are upheld, ICE could continue to challenge them in Commonwealth Court and potentially the state Supreme Court.

This legal battle is a stark example of the ongoing conflict between federal immigration enforcement ambitions and state-level efforts to hold ICE accountable for environmental and community impacts. As ICE presses forward, Pennsylvanians and advocates remain determined to scrutinize and obstruct the agency’s detention reengineering scheme.