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Las Cruces Diocese fights federal effort to seize Mount Cristo Rey property for border wall

Government said it would offer the diocese $180K for the land

Mount Cristo Rey in Sunland Park, as seen from a U.S. Customs and Border Protection helicopter on Dec. 14, 2021.
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The federal government last week revealed it intended to use eminent domain to wrest a 1.3-mile stretch of New Mexico borderland from the Catholic diocese for a border barrier, but church officials in federal court filings Friday argued that doing so would violate their religious freedom.

The U.S. Customs and Border Patrol first announced last summer that it intended to build a border wall along the southern skirt of Mount Cristo Rey in Sunland Park, which the Roman Catholic Diocese of Las Cruces owns. Officials told Source NM at the time that site 鈥渨as a major human smuggling

Last week, lawyers for the U.S. Department of Justice鈥檚 escalated their efforts, filing a notice in federal court seeking to seize the roughly 14 acres that comprise the church鈥檚 property along the New Mexico-Mexico border. According to the filings, the land would be used to build roads, fences and other structures to 鈥渉elp secure鈥 the border. 

In separate filings, the government said it would offer the diocese $180,000 for the property, which government lawyers said was the fair market value of the land. 

But on Friday, the diocese, through its lawyers at the Institute for Constitutional Advocacy & Protection at Georgetown University Law Center, urged a judge to hold off on a deposit and land title transfer, because the diocese believes such a land seizure violates its First Amendment rights to freedom of religion.  

The diocese鈥檚 lawyers argued that Mount Cristo Rey is a 鈥渉oly site鈥 and noted that roughly 40,000 people annually climb Mount Cristo Rey, which has a 29-foot-tall statue of Jesus Christ at its peak, for a religious pilgrimage. 

As the federal government has pressured the church over the last year regarding the property, 鈥淭he Diocese has consistently conveyed that condemnation of the property would substantially burden the free exercise of religion by the Diocese and the faithful who seek to commune with God on Mount Cristo Rey,鈥 the diocese鈥檚 lawyers wrote in their filing Friday. 

Seth Wayne, the Georgetown University lawyer who authored the filing, told Source NM on Tuesday that the diocese will use 鈥渁ll available legal tools to assert its rights and stop this unjust taking.鈥

鈥淭he Government鈥檚 attempt to use expedited procedures to condemn Diocesan land to build a border wall is an affront to religious liberty,鈥 he said.

In addition to the diocese鈥檚 concern about its religious rights, advocates have raised concerns building a wall in that area will

U.S. District Court Judge Kenneth Gonzales is presiding over the case, according to court filings.

Source New Mexico reporter Danielle Prokop contributed to this report.