FLORIDA: A US appeals court has cleared the way for Florida to enforce a law restricting real estate and land purchases by Chinese citizens. The 2-1 ruling by the 11th US Circuit Court of Appeals rejected claims that the law violates federal regulations or discriminates against Asians.
The law, passed in 2023, prohibits individuals who are “domiciled” in China and are not US citizens or green card holders from purchasing property in Florida. Exceptions allow non-tourist visa holders and asylum recipients to buy a single residential property up to two acres, at least five miles from military installations.
The court said the four Chinese citizens challenging the law lacked legal standing. They have lived in Florida for years, while the law only applies to those domiciled in China. The judges also dismissed claims that the law conflicted with federal rules governing foreign investments or that it was racially motivated.
Circuit Judge Robert Luck, writing for the court, stated that the law was motivated by “national, individual, land, and food security concerns.” The ruling may encourage other states to adopt similar “alien land” laws, which were more common a century ago but largely fell out of favor.
ACLU attorney Ashley Gorski expressed disappointment, saying the organization will continue to challenge laws targeting immigrants based on nationality and ethnicity.
The ruling was joined by Circuit Judge Barbara Lagoa, while Judge Charles Wilson dissented. Wilson argued that regulating foreign investment is a federal matter, making Florida’s law preempted by national law.
Governor Ron DeSantis, who signed the law in 2023, stated that it aims to protect Americans from the influence of the Chinese Communist Party. The law’s enforcement will now resume, following the appellate court’s decision.
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The case highlights ongoing tensions in the US over foreign investment and national security, with legal battles involving Chinese citizens in multiple states.
