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

ISTANBUL

A US appeals court on Wednesday declined to halt a Florida law restricting real estate purchases by Chinese nationals.

The 11th US Circuit Court of Appeals in Atlanta issued a 2-1 ruling, saying that the opponents lacked the legal standing to challenge the measure, despite arguments that it unlawfully targets Asians, according to the American Civil Liberties Union (ACLU).

The decision also clarified that the restrictions do not apply to Chinese immigrants who legally reside in Florida and intend to remain there permanently.

Under the housing law, SB 264, people who are not US citizens or permanent residents and whose “domicile” is in China are prohibited from buying property in Florida, except for those with non-tourist visas or who have been granted asylum. A similar but less restrictive rule also applies to certain nationals from Cuba, Venezuela, Iran, North Korea, Russia, and Syria.

“All people, regardless of where they come from, should be free to buy homes and build lives in Florida without fear of discrimination,” said Ashley Gorski, senior staff attorney with the ACLU’s National Security Project, adding: “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.”

The ACLU said in its press release that the law echoes historic efforts to use claims of “national security” to target Asians and other immigrants, pointing to early 20th-century “alien land laws” that prevented Chinese and Japanese immigrants from owning land in several US states, including Florida. It noted a recent revival of such laws nationwide, warning that they undermine immigrant rights under the guise of protecting national security.