Trump Administration Seeks Eminent Domain Over Catholic Pilgrimage Site at Mount Cristo Rey

The Department of Homeland Security, at Markwayne Mullin’s request, filed a civil suit to acquire 14.259 acres of Diocese of Las Cruces land south of Mount Cristo Rey for the Smart Wall.

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Mount Cristo Rey has been a flashpoint. A wall built in 2019, backed by Trump adviser Steve Bannon, sits on its eastern side. The mountain marks the unfenced stretch of El Paso area, prompting interest.

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The diocese says seizure violates First Amendment and Religious Freedom Restoration Act, which requires government to impose burden on exercise while pursuing compelling interest; it would block pilgrimage routes, damage sacred terrain, and turn site into a symbol of division.

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DHS/CBP, Markwayne Mullin, Diocese of Las Cruces, Kathryn Brack Morrow, and Joseph Bach are parties. Doña Ana County, 225,000 residents, hosts Mount Cristo Rey’s 29-foot 1940 statue, drawing 40,000 pilgrims. DHS values 14.259-acre parcel at $183,071.

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The acquisition would complete the unfenced stretch of the El Paso area, strengthening security. Simultaneously, it threatens the 40,000-pilgrim Cristo Rey feast, limiting access to a sacred space and raising concerns about religious sites impacted by border projects.

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Government asserts land is essential for Smart Wall, citing needs for roads, fencing, lighting, cameras, and sensors. It emphasizes preference for voluntary acquisition but states that, if necessary, eminent domain will be employed, asserting compliance with Religious Freedom Restoration Act.

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Diocese says it will use all legal tools to contest seizure, labeling the approach heavy-handed. It argues the taking would block pilgrimage routes, irreparably damage the site’s sanctity, and convert a sacred space into a clear symbol of division.

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The sources do not disclose the timeline for compensation negotiations, nor detail alternative pilgrimage routes or prior court rulings specific to this case, leaving clearly key procedural information currently unavailable.

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• “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.” — CBP

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• “all legal tools at their disposal” — Kathryn Brack Morrow

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• “This is an example of religious freedom — the ability to have this pilgrimage,” — Joseph Bach

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• “And if President Trump is taking that sacred site away, then he’s taking away the people’s freedom to exercise their faith.” — Joseph Bach

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The case proceeds to federal court, where a judge will decide on a Declaration of Taking and compensation. If granted, DHS could assume control of the land within weeks, while the diocese continues its legal challenge.

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