A U.S. appeals court has blocked Florida from enforcing its ban on Chinese nationals owning homes or land in the state against two Chinese nationals who were in the process of purchasing property when the law was adopted.
An Atlanta-based 11th U.S. Circuit Court of Appeals panel said Thursday that individuals are likely to prevail on their claims that Florida’s ban violates federal law governing real estate purchases by foreigners. Stated.
In August, a federal judge in Florida refused to block the law, and the plaintiffs appealed. The Eleventh Circuit blocked enforcement of the law against the two plaintiffs pending the outcome of the case.
Lawmakers in several Republican-led states, including Texas, Louisiana and Alabama, are considering similar restrictions on Chinese property ownership. China’s Foreign Ministry said last year that such laws “violate market economy rules and international trade rules.”
Florida Attorney General Ashley Moody’s (R) office did not respond to a request for comment.
Bethany Lee, legal director of the Asian American Legal Defense and Educational Fund, one of the plaintiffs’ organizations, said Florida’s ban specifically targets Chinese nationals and violates the U.S. Constitution. He said that
“Today’s ruling considers passing similar racist legislation steeped in a history of telling Asians that they are not eligible for citizenship and that they do not belong,” Lee said in a statement. “This should serve as a warning to other states.”
Florida law prohibits individuals “domiciled” in China who are not U.S. citizens or green card holders from purchasing buildings or land in the state.
It also prohibits citizens of Cuba, Venezuela, Syria, Iran, Russia, and most North Korea from owning property near infrastructure such as military installations, power plants, or airports.
There is a narrow exception to this law that allows non-tourist visa holders from these countries to own a single property that is at least eight miles from critical infrastructure.
When Republican Gov. Ron DeSantis signed the bill last May, he said it would help protect Americans from the influence of the Chinese Communist Party.
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