Federal Judge Rejects Request to Block Florida Law Restricting Land Ownership by Chinese Citizens
In a recent ruling, Judge Allen Winsor of Florida has rejected a request to block a law that restricts land ownership by Chinese citizens. The law, known as SB 264 or Interests of Foreign Countries, was signed by Governor Ron DeSantis in May and went into effect on July 1. It bars individuals “domiciled” in China who do not hold U.S. citizenship or permanent residency from owning property in Florida. The law also restricts citizens of Russia, Cuba, Iran, North Korea, Venezuela, and Syria from purchasing property or agricultural land within 10 miles of a military installation or critical infrastructure facility.
The Justice Department had argued that the law was in violation of the Constitution, but Judge Winsor ruled that it can remain in force while the case is heard in court. Governor DeSantis praised the ruling, stating that Florida will continue to fight against the influence of the Chinese Communist Party in the state. He described China as the “greatest economic, strategic, and security threat” to the United States.
However, civil rights groups such as the American Civil Liberties Union (ACLU) have criticized the law for being discriminatory against Asian immigrants and for using “false claims of national security.” The ACLU plans to appeal the decision. In a June filing, the Justice Department also expressed concerns about the law’s potential harm to individuals based on their national origin and its violation of federal civil rights laws.
The challenge against the law was brought on behalf of four Chinese citizens living in Florida and a real estate firm servicing clients from China. The plaintiffs argued that the law was similar to California’s Alien Land Law enacted in 1913, which was later overturned by the Supreme Court. Similar bills targeting Chinese land ownership have been considered in other states, including Texas and Louisiana.
This legal battle over land ownership restrictions comes at a time when U.S.-China relations have been deteriorating on multiple fronts. It highlights the tensions between the two countries on issues such as trade, the war in Ukraine, the future of Taiwan, and even the controversy surrounding TikTok.
The outcome of this case will have significant implications for Chinese citizens living in Florida and may also set a precedent for similar laws in other states that are considering restrictions on foreign acquisitions of agricultural land. The controversy surrounding the law raises important questions about national security, discrimination, and constitutional rights, which will be further examined as the case progresses in court.