Judge denies ACLU request to block new Florida law restricting Chinese land ownership.
Federal Judge Rejects Attempts to Block Florida Law Restricting Land Purchases by Chinese Nationals
A federal judge has denied attempts by four Chinese citizens and a real-estate firm to block a new Florida law that restricts Chinese nationals and nationals of certain other countries from purchasing land or homes in the state. The decision, made by U.S. District Judge Allen Winsor, rejected an injunction requested by the American Civil Liberties Union (ACLU) on behalf of the plaintiffs.
“It does not facially discriminate against noncitizens based on race or ancestry. It does not discriminate against noncitizens based on ‘the particular country in which one was born,’” Winsor wrote, quoting a Supreme Court precedent. “So contrary to plaintiffs’ arguments, the challenged law is facially neutral as to race and national origin.”
The law, known as SB 264, was passed earlier this year by Florida Governor Ron DeSantis and the Republican-controlled state legislature. It went into effect on July 1 and imposes severe restrictions on foreign entities or affiliates from buying farmland in Florida or land within 10 miles of military bases and critical infrastructure.
The legislation was crafted to address the growing concern of the Chinese government’s influence on national and state security. While Chinese nationals face strict penalties under the law, it also imposes less restrictive rules on immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria.
Shortly after the law was signed, the ACLU filed a lawsuit on behalf of four Chinese nationals living in Florida and the law firm Quinn Emanuel, arguing that it is unconstitutional and violates equal protection rights and the Fair Housing Act.
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Despite the judge’s decision, the ACLU plans to appeal, stating that the law legitimizes and expands housing discrimination. The Biden administration has also expressed support for the lawsuit, claiming that the law violates federal law and the U.S. Constitution.
Justice Department attorneys wrote, “These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the state’s purported goal of increasing public safety.”
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