DHS Sues a Catholic Diocese to Seize 14 Acres of a New Mexico Pilgrimage Site for the Border Wall

Homeland Security Secretary Markwayne Mullin filed a condemnation action against the Catholic Diocese of Las Cruces seeking roughly 14 acres at the base of Mount Cristo Rey in Doña Ana County, New Mexico, for border-barrier construction. The site is topped by a 29-foot limestone statue of Jesus and draws as many as 40,000 pilgrims a year for the Feast of Christ the King. The government valued the land at $183,071. Letters to landowners in the area indicated that refusing voluntary access would result in seizure through eminent domain.

The diocese is contesting the taking under the First Amendment's free-exercise clause and the Religious Freedom Restoration Act, arguing that a barrier across the approach would burden a devotional practice with a decades-long history. RFRA requires the federal government to show a compelling interest and the least restrictive means when it substantially burdens religious exercise, which makes this an unusual test of whether border-barrier construction can override that standard. The administration has pursued similar eminent-domain actions against a Texas diocese.

The case was pending in federal court in New Mexico as of the reporting reviewed. Members of Congress have sought answers from the administration about the use of eminent domain against church property.