Feds Move to Seize New Mexico Trust Land Near Border for Wall

State Land Commissioner vows to reject federal offer, calls it a 'land grab'

Apr. 17, 2026 at 12:08am

A serene, cinematic painting of a lone barbed wire fence post or border marker standing in a field, with warm sunlight casting deep shadows and creating a sense of quiet unease.The federal government's push to seize state trust land for border wall construction raises concerns over land rights and the impact on public institutions.Santa Teresa Today

The U.S. Customs and Border Protection is seeking to acquire a 7-acre parcel of New Mexico state trust land near the Santa Teresa Port of Entry for border wall construction. The State Land Office has rejected the federal government's $798,500 offer to purchase the land, with Land Commissioner Stephanie Garcia Richard calling it a 'land grab' that follows years of federal trespassing on state lands.

Why it matters

This dispute over the use of state trust lands for border infrastructure highlights the ongoing tensions between the federal government and state authorities over land management and control. The outcome could set a precedent for how the federal government handles eminent domain claims on state-owned properties along the border.

The details

CBP has informed the State Land Office that it will proceed with a court filing to condemn the 7-acre parcel if an agreement cannot be reached. Garcia Richard, a Democrat nearing the end of her second term, said the state has 'very little recourse' since the land was originally granted by the federal government. Her predecessor, Republican-turned-Libertarian Aubrey Dunn, also clashed with federal authorities over unauthorized use of state trust lands near the border.

  • In March 2026, CBP offered to purchase the 7-acre parcel for $798,500.
  • CBP set an April 1, 2026 deadline for the State Land Office to agree to the offer.
  • On April 17, 2026, CBP informed the State Land Office it would proceed with a court filing to condemn the land.

The players

Stephanie Garcia Richard

The current New Mexico Public Lands Commissioner, a Democrat nearing the end of her second term, who has vowed to reject the federal government's offer and fight the land seizure.

Aubrey Dunn

Garcia Richard's Republican-turned-Libertarian predecessor as Public Lands Commissioner, who also clashed with federal authorities over unauthorized use of state trust lands near the border.

U.S. Customs and Border Protection (CBP)

The federal agency seeking to acquire the 7-acre parcel of state trust land near the Santa Teresa Port of Entry for border wall construction.

U.S. Department of Justice

The federal agency representing CBP in the eminent domain process to condemn the state-owned land.

New Mexico State Land Office

The state agency that manages over 13 million acres of trust land, with revenue benefiting New Mexico schools, higher education, hospitals, and other public institutions.

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What they’re saying

“'This land was granted to us by the federal government, so we have very little recourse in this situation. It is a condemnation for a public use — that's the necessary criteria — and that should be terrifying to every single New Mexican.'”

— Stephanie Garcia Richard, New Mexico Public Lands Commissioner

“'Border security is important, but so are our kids; and they have a right to collect the money earned from the lands they own.'”

— Aubrey Dunn, Former New Mexico Public Lands Commissioner

What’s next

The State Land Office says it will review legal options to challenge the federal government's eminent domain claim. The outcome of this dispute will depend on the court proceedings, with Garcia Richard's successor taking office in January 2027.

The takeaway

This clash over state trust lands highlights the ongoing tensions between federal and state authorities over border security and land management. The case could set a precedent for how the government handles eminent domain claims on state properties along the border, with significant implications for New Mexico's public schools and other beneficiaries of the state's land trust.