The Diocese of Las Cruces, New Mexico, is fighting the Trump administration’s attempt to take church land for use in the U.S-Mexico border wall project, arguing that the seizure would infringe on a nearby pilgrimage site and violate the First Amendment.
The El Paso Times reported that the 14.2 acres of land in question are situated at the base of Mount Cristo Rey, a mountain along the border with a 29-foot-tall statue of the Crucifixion at its summit. The mountain is a pilgrimage site for thousands of pilgrims from both the U.S. and Mexico each year.
Axios additionally reported that the diocese said the site is especially popular on the feast of Christ the King, when as many as 40,000 faithful climb the mountain and participate in a Mass.
According to the Independent, the government is seeking to use eminent domain to seize the land, which will reportedly allow the government “to construct, install, operate, and maintain roads, fencing, vehicle barriers, security lighting, cameras, sensors, and related structures designed to help secure the United States/Mexico border.” A suit filed by the administration to seize the land states that the government considers $183,071 just compensation.
The diocese filed a brief with a district court May 8, alleging violations of its First Amendment rights and the Religious Freedom Restoration Act. In the court documents, the diocese said that constructing the wall “through or along this holy site could irreparably damage its religious and cultural sanctity, obstruct pilgrimage routes, and transfer sacred space into a symbol of division.”
The diocese continued, “Any federal action to seize this land, construct physical barriers, or impede access to Mount Cristo Rey would constitute a significant infringement on religious freedom and the rights of worship.”
The El Paso Times reported that Kathryn Brack Morrow, the diocese’s attorney, said seizing the land is “an affront to religious liberty,” promising that the diocese will do all in its power to “stop these heavy-handed tactics.”