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A new law in Florida that bans Chinese citizens – with few exceptions – from acquiring land in the state is unconstitutional, the Justice Department said in a filing on Tuesday.
What the state law says: Senate Bill 264, signed into law by Gov. Ron DeSantis in May, bans nationals of certain “countries of concern” — China, Russia, Iran, North Korea, Cuba, Venezuela and Syria — from purchasing land or property within 10 miles of a military facility or ” critical infrastructure facility” in Florida.
An exception applies to persons with a valid non-tourist visa or persons who have been granted asylum. They are allowed to buy a house if the property is less than two acres and is located no less than five miles from a military installation. Another part of the law specifically restricts Chinese political and legal entities, but with the same exception regarding territory and military distance.
Existing owners, as well as new buyers who fall under the exemption, must register their property with the state if they are within 10 miles of military installations or critical infrastructure facilities.
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What the Justice Department says: The Justice Department wrote the motion in support of a lawsuit aimed at blocking the new legislation.
According to the agency, the law violates the Fair Housing Act and the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. It found that its “unlawful” provisions “will cause serious harm to people solely because of their national origin, violate federal civil rights laws, undermine constitutional rights, and fail to advance the state’s purported goal of enhancing public safety.”
The ministry said the plaintiffs – a group of four Chinese nationals – are likely to succeed in their application for an emergency restraining order.
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The bigger picture: The new law is scheduled to come into force on July 1. The American Civil Liberties Union, which is representing the plaintiffs, believes it “will cast undue suspicion on anyone who wishes to buy real estate whose name sounds even remotely Asian, Russian, Iranian or Cuban, Venezuelan or Syrian.” .”
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A hearing on plaintiff’s request for an injunction is scheduled for July 18.
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