The Trump administration’s plan to build part of the US-Mexico border wall near a 29-foot statue of Jesus in southern New Mexico has sparked a legal dispute with a Catholic diocese.
The federal government is seeking more than 14 acres of land owned by the Diocese of Las Cruces at the base of Mount Cristo Rey. It has offered $183,071 (about £135,000) for the property under eminent domain powers.
But the diocese argues the planned wall would interfere with religious freedom and damage the sacred site.
“The wall is a physical manifestation of this government’s attitude toward migrants,” the diocese said in court filings. “Nothing could be less Catholic.”
The government plans to build a 30-foot “smart wall” along about 1.4 miles around the mountain, with additional drainage and access infrastructure.
US officials say the wall will be south of the statue and will not affect access to the shrine.
Volunteers who maintain the monument, however, say the existing gap in the border fence has allowed vandals to reach the site.
Ruben Escandon, a volunteer with the Mount Cristo Rey Restoration Committee, told The Independent the gap had provided “easy access” to vandals.
“The church wants to continue the pilgrimages, and they want to promote this area, but people are scared because of the history of the robberies that were taking place, the assaults that were taking place, cars were getting broken into,” he told the news outlet.
The diocese, represented by lawyers from Georgetown Law, argues that the seizure violates the First Amendment and the Religious Freedom Restoration Act.
The Justice Department disputes that argument, saying religious freedom claims are not “cognizable” as “a legal defense to condemnation actions.”
The case is one of several legal disputes surrounding President Donald Trump’s renewed push to expand the border wall.
