"Chinese Nationals Barred from Buying Real Estate in Florida"…U.S. Appeals Court Upholds State Law

ACLU Expresses Disappointment with Ruling
Warns Law Could Create a "Chinese Exclusion Zone"

The U.S. federal appeals court has ruled to allow the enforcement of a Florida law that restricts real estate and land purchases by Chinese nationals. The court dismissed arguments that the law violates federal law and discriminates against Asians.

According to reports from Reuters and the South China Morning Post on the 4th (local time), the Eleventh Circuit Court of Appeals in Atlanta, Georgia, ruled that Florida may enforce the law restricting property purchases by Chinese nationals.

Aerial view of Florida, unrelated to the article. Getty Images

The court pointed out that the four plaintiffs, who are Chinese nationals, have resided in Florida, and that the law in question applies only to those residing in China. The court determined that the plaintiffs, having lived in Florida for several years, did not have legal standing to file the lawsuit.

This ruling rejected all of the plaintiffs’ claims, including that the Florida law requiring property registration by Chinese nationals conflicts with federal law governing foreign investment and unfairly discriminates against Chinese and other Asians.

The law, enacted by Florida in 2023, prohibits individuals who maintain a residence in China and are neither U.S. citizens nor permanent residents (green card holders) from purchasing real estate or land in Florida. While it allows non-tourist visa holders or those granted refugee status to own one residential property, it imposes restrictions on the property’s size and requires it to be at least 8 kilometers away from any military facility.

In a dissenting opinion, Judge Charles Wilson stated, "Regulation of foreign investment is inherently a federal domain," emphasizing that federal law should take precedence over Florida state law.

Following this decision, there are expectations that more states may move to regulate foreign real estate purchases by law. According to Reuters, similar bills have already been introduced or passed in more than 30 states.

However, organizations such as the ACLU, which filed the lawsuit, argued that the law effectively creates a "Chinese exclusion zone." They warned that it could have an impact similar to past discriminatory laws, such as the Chinese Exclusion Act of 1882 and the California Alien Land Law of 1913. An ACLU attorney stated in a press release, "We are disappointed by the outcome of this ruling," adding, "We will continue to fight against laws that target immigrants."