US Court Blocks Florida Law Preventing Chinese Citizens from Owning Property

By Daniel Wiessner

A U.S. appeals court has halted the enforcement of a Florida law banning Chinese citizens from owning homes or land in the state. This decision specifically applies to two Chinese nationals who were in the process of purchasing property when the legislation was enacted.

On Thursday, a panel from the Atlanta-based 11th U.S. Circuit Court of Appeals indicated that the plaintiffs were likely to succeed in their argument that Florida’s ban contravenes a federal law that governs real estate transactions for foreign nationals.

Previously, a federal judge in Florida declined to block the law, leading the plaintiffs to appeal. The 11th Circuit’s ruling prevents the law from being enforced against these two individuals while the case is ongoing.

Legislators in several Republican-dominated states, including Texas, Louisiana, and Alabama, are exploring similar measures aimed at restricting property ownership by Chinese citizens. In response to such legislation, China’s foreign ministry asserted last year that these laws undermine market economy principles and international trade norms.

The office of Florida Attorney General Ashley Moody did not provide immediate comments regarding the court’s decision.

According to Bethany Li, legal director of the Asian American Legal Defense and Education Fund—one of the groups advocating for the plaintiffs—Florida’s law infringes on the U.S. Constitution by specifically targeting citizens of China. Li emphasized that the ruling should alert other states contemplating similar discriminatory legislation, highlighting a historical context where Asians were deemed ineligible for citizenship and marginalized.

Florida’s law prevents those who are “domiciled” in China and are neither U.S. citizens nor green card holders from acquiring buildings or land within the state. Additionally, it restricts most citizens from Cuba, Venezuela, Syria, Iran, Russia, and North Korea from owning property near military bases and vital infrastructure such as power plants and airports. An exception exists, allowing non-tourist visa holders from these countries to purchase one property, provided it is located at least five miles from critical infrastructure.

When signing the law in May, Republican Governor Ron DeSantis claimed it was necessary to protect Americans from the potential influence of the Chinese Communist Party.