DHS Sues Diocese to Seize Land for Border Fence

The U.S. Department of Homeland Security filed a lawsuit on May 7 in federal court in New Mexico seeking to seize approximately 14 acres of land owned by the Catholic Diocese of Las Cruces at the base of Mount Cristo Rey, a pilgrimage site near Sunland Park, New Mexico, just west of El Paso, Texas. The land would be used to construct border security infrastructure, including about 1.3 miles of fencing, roads, vehicle barriers, lighting, cameras and sensors.

The diocese responded the next day, urging the court to deny the government's request for a declaration of taking, which would allow immediate possession after depositing estimated compensation of $183,071. In court filings, diocese attorneys argued the seizure would substantially burden the free exercise of religion for its members and pilgrims, violating the First Amendment and the Religious Freedom Restoration Act. The law requires the government to demonstrate a compelling interest and use the least restrictive means when actions impede religious practice.

Mount Cristo Rey rises 4,675 feet and is crowned by a 29-foot limestone statue of Jesus Christ, completed in 1940 by Spanish sculptor Urbici Soler. The site originated...