On Friday, the Wall Street Journal cited a senior administration official who claimed that the White House considers the restrictions in the appropriations bill only to apply to the $1.3 billion it allocated by Congress, and not to the additional money accessed by the emergency declaration.
A source familiar with the case told CNA that there is no clear precedent to determine whether or not the emergency funds can be used to build in La Lomita Historical Park.
The source told CNA that an argument could be made that, by including the exemption in the appropriations bill, Congress had prohibited the use of any funds for border wall construction in those specific places, and that any attempt by the administration to build in the exempted areas would be highly contentious.
Shortly after the emergency declaration was announced, California Attorney General Xavier Becerra announced he would be filing suit against the Trump Administration to dispute whether the current situation on the U.S.-Mexico border constitutes an emergency.
The Diocese of Brownsville has been contesting the possible construction of a border wall near La Lomita Chapel for months.
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Earlier in February, a federal judge ruled against the diocese, who had argued that allowing the government to survey the land around the chapel to determine its suitability for a wall was a violation of religious freedom. The judge ruled that the act of surveying land did not require or impede access to the chapel or the exercise of religious liberty.
Lawyers representing the Diocese of Brownsville told CNA that they were not surprised by this decision, but felt as though they would have a stronger case if the construction of the wall were to move forward and cut off worshippers' access to La Lomita Chapel.
In response to the passage of the appropriations act and the declaration of emergency by the president, Bishop Daniel Flores of Brownsville released a statement to CNA calling the congressional exemptions "commendable" given the "the significance of the La Lomita chapel to the Catholic community" and to the history of the region.