Florida can ban Chinese citizens from buying property, rules US appeals court

A US appeals court on Tuesday rejected the argument that a Florida law restricting real estate and land purchases by Chinese citizens violates federal law and discriminates against Asians, paving the enforcement of the law, which was earlier blocked.

The 2-1 ruling by the Atlanta-based 11th US Circuit Court of Appeals said four Chinese citizens lacked legal standing to sue over Florida’s 2023 law because it only applies to people “domiciled” in China, and they have lived in Florida for years.

The ruling could encourage other states to adopt so-called alien land laws. It is important to mention here that lawmakers in more than 30 states have passed or introduced bills restricting foreign property ownership.

The appeals court also rejected claims that provisions of the 2023 law requiring Chinese citizens to register their properties with the state conflict with a federal law governing foreign investments and were improperly motivated by racism against Chinese people and Asians.

“National, individual, land, and food security concerns motivated (the law’s) enactment,” Circuit Judge Robert Luck, who was joined by Circuit Judge Barbara Lagoa, a fellow appointee of Republican President Donald Trump, wrote for the court.

Circuit Judge Charles Wilson dissented, saying the regulation of foreign investment is “a quintessentially federal arena” and Florida’s law was preempted by federal law. Wilson is an appointee of Democratic former President Bill Clinton.

The American Civil Liberties Union (ACLU), which represented the four Chinese citizens before the appeals court, said it will continue to fight laws that blatantly target immigrants based on their national origin and ethnicity

“Although today’s decision is disappointing, we’ll continue to fight laws like these that blatantly target immigrants based on their national origin and ethnicity,” AUCl attorney Ashley Gorski said in a statement.

A different 11th Circuit panel last year had blocked Florida’s 2023 law from being enforced pending the outcome of the appeal.

The law prohibits individuals who are “domiciled” in China and are not US citizens or green card holders from purchasing real estate or land in Florida. It allows non-tourist visa holders and asylum recipients to purchase a single residential property as big as two acres that is at least five miles (8 km) from any military installation.

Republican Governor Ron DeSantis said he signed the law in 2023 to help protect Americans from the influence of the Chinese Communist Party.

– Ends

With inputs from Reuters

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