Trump Administration Sues Catholic Diocese to Seize Border Pilgrimage Site
Federal eminent domain lawsuit targets 14 acres at Mount Cristo Rey, testing whether national security claims override religious property protections under the First and Fifth Amendments.
The Trump administration filed suit in federal court in New Mexico on May 7, 2026, seeking to seize 14 acres of land at the base of Mount Cristo Rey — home to a 29-foot statue of Jesus and one of the region’s most significant Catholic pilgrimage sites — to construct border barriers and surveillance infrastructure. The lawsuit, which offers the Catholic Diocese of Las Cruces $183,071 in compensation, represents an escalation in the administration’s use of eminent domain against religious institutions and sets up a constitutional test case on whether federal border security imperatives can override religious freedom protections.
The targeted property sits at the base of a 720-foot mountain straddling the Texas-New Mexico border, crowned by a statue of Christ the King visible from El Paso, Ciudad Juárez, and Sunland Park. Every fall, up to 40,000 pilgrims — some barefoot, others crawling on their knees — ascend the mountain for the feast day of Christ the King in November, according to Texas Public Radio. The Diocese of Las Cruces has owned the land since the 1930s.
Constitutional Collision
The diocese filed its response on May 8, arguing that federal seizure would violate both the First Amendment’s religious freedom protections and the Religious Freedom Restoration Act (RFRA), a 1993 law requiring the government to demonstrate a compelling interest and use the least restrictive means when burdening religious exercise. “The erection of a border 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 stated in its legal filing, obtained by Spectrum Local News.
“Mt. Cristo Rey’s cultural and religious significance is central to our region. Seizing this community asset in order to build a border wall is consistent with the Trump administration’s blatant disregard for what communities like ours value.”
— Rep. Veronica Escobar (D-TX)
The diocese retained Georgetown University’s Institute for Constitutional Advocacy and Protection to prepare its legal response. The institute previously challenged the Trump administration’s Immigration enforcement policies, including a lawsuit over the rescission of protections limiting enforcement actions in houses of worship, per National Catholic Reporter.
Ilya Somin, a law professor at George Mason University, noted that the diocese could have invoked the Religious Land Use and Institutionalized Persons Act (RLUIPA), which offers additional protections for religious property. “RLUIPA is more commonly used when religious land uses are restricted, but there might be some technical reason why they didn’t resort to RLUIPA,” Somin told National Catholic Reporter.
Border Construction Timeline
The Trump administration announced plans for barriers in the area in summer 2025. SLSCO, a Galveston-based contractor, won a $95 million contract to build 30-foot steel barriers with concrete reinforcement along 1.32 miles of border south of the mountain in Sunland Park, according to the Texas Tribune. Construction crews began work earlier this year, with the Mount Cristo Rey segment expected to finish in October 2027.
The site already features partial barriers from a 2019 privately funded wall project backed by former Trump adviser Steve Bannon, built on the mountain’s eastern side, according to Newsweek. That project preceded the current federal effort by seven years.
Customs and Border Protection characterises the area as a high-traffic corridor for human smuggling. A CBP spokesperson stated in the government filing that “it is always CBP’s preference to obtain real estate interests voluntarily, however, if CBP is unable to acquire the necessary access voluntarily within a reasonable timeframe, CBP refers the matter to the Department of Justice to acquire any necessary property interest(s) through eminent domain.”
Broader Pattern of Sacred Site Conflicts
The Mount Cristo Rey lawsuit is part of a wider pattern of eminent domain actions targeting culturally sensitive land. The administration revealed plans for barriers in Big Bend National Park but faced bipartisan opposition, leading CBP Commissioner to announce the government would not build physical barriers there — though surveillance technology plans continue despite objections over desert ecosystem damage, according to the Texas Tribune.
In Arizona, construction crews damaged a rare Native American archaeological site believed to be 1,000 years old during barrier installation. The government continues to seize private property near Big Bend National Park through eminent domain proceedings, according to court filings reviewed by the Texas Tribune.
Environmental advocates have raised concerns about the ecological impact on the Chihuahuan Desert wildlife corridor. “Plants and animals don’t recognize boundaries, so when factors of this magnitude occur it only puts at risk biodiversity that is already at risk of going extinct,” Ray Aguilar, a conservationist in Ciudad Juárez, told KRWG Public Media. The Department of Homeland Security waived environmental review requirements for the project under existing statutory authority.
Not all local stakeholders oppose the construction. Ruben Escandon Jr., spokesperson for the Mount Cristo Rey Restoration Committee, told Spectrum Local News that “finishing that wall, for us, will help maintain the religious, cultural and artistic aspect” of the site — though he did not specify whether this referred to federal barriers or prior private wall segments.
What to Watch
The case will likely hinge on whether the federal government can demonstrate that seizing this specific parcel represents the least restrictive means of achieving Border Security objectives under RFRA’s strict scrutiny standard. Legal experts anticipate the diocese will argue that alternative barrier routes or surveillance technology could achieve the same security goals without infringing on religious exercise.
If the district court rules in favour of the government, the diocese is expected to appeal to the Fifth Circuit Court of Appeals, creating potential for Supreme Court review on the intersection of eminent domain, national security powers, and religious freedom protections. A ruling favouring the government could establish precedent for federal seizure of religious property along the 1,954-mile southern border, where multiple faith communities maintain churches, shrines, and cemeteries in proximity to the international boundary.
Kathryn Brack Morrow, general counsel for the Diocese of Las Cruces, urged the administration to “exclude Mount Cristo Rey and surrounding areas from all border barrier planning, surveying, or construction activities,” according to KTSM. She called for “alternative border management strategies that respect religious heritage, community values, and human dignity.” The government has not publicly responded to that request, and the October 2027 construction timeline suggests federal officials intend to proceed regardless of ongoing litigation.