EL PASO, Texas (KTSM) — The federal government has filed a civil action against the Catholic Diocese of Las Cruces and the treasurer of Doña Ana County, seeking possession of Mount Cristo Rey for border enforcement activities.

The suit, an eminent domain action, seeks possession of roughly 14.2 acres of land that consists of Mount Cristo Rey and the surrounding area.

The federal government is taking this action at the request of the Department of Homeland Security and is asking for the land under eminent domain, according to the lawsuit.

According to the lawsuit, the federal government “has made best efforts to negotiate acquisition of the property interests sought prior to this condemnation action.”

The federal government is asking that the property be condemned and that “just compensation” be determined, which the government estimates to be $183,000.

The property would be used to “construct, install, operate and maintain roads, fencing, vehicle barriers, security lighting, cameras, sensors and related structures” to help secure the US-Mexico border within the State of New Mexico, the lawsuit reads.

The Las Cruces Diocese said that it is opposing the government’s action to condemn this property.

In a court filing, the Diocese says that “government’s proposed taking will substantially burden the free exercise of religion by the Diocese, its parishioners and other faithful who seek to commune with God on Diocesan property.”

The Diocese says it intends to fight this attempt to condemn Mount Cristo Rey and take it over under the “First Amendment’s Free Exercise Clause and the Religious Freedom Restoration Act.”

The Diocese says this property is part of a holy site. Atop the mountain sits a 29-foot-tall limestone statue of Jesus Christ “that serves as a shrine to thousands of faithful in the El Paso and Southern New Mexico area.”

The shrine is also the site of annual pilgrimages, the Diocese said.

The Diocese’s general counsel, Kathryn Brack Morrow, wrote: “The Roman Catholic Diocese of Las Cruces respectfully but firmly urges CBP, the DOJ, and the Department of Homeland Security to exclude Mount Cristo Rey and surrounding areas from all border barrier planning, surveying, or construction activities. We welcome continued dialogue and strongly encourage the agency to pursue alternative border management strategies that respect religious heritage, community values, and human dignity.”

Ruben Escandon, spokesman for the Mount Cristo Rey Restoration Committee — the volunteer group tasked with the monument’s upkeep — said he wasn’t surprised by the federal government’s persistence in expanding the wall through the mountain’s base, but he is wary.

“Hopefully there is minimal impact. I hope they stick to their pledge to protect the monument during construction,” Escandon said. “It has been up there for almost 80 years. To see it infringed upon is upsetting, especially with the government doing whatever they want with the land behind it.”

After reviewing legal filings and maps, Escandon noted that if the government acquires the land, the current plans do not appear to interfere with maintenance roads or public access to the mountain trail.

KTSM has reached out to the Department of Justice for comment and about the government’s plans for the statue of Jesus Christ that sits atop of the mountain.

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