A U.S. appeals court today gave Florida the green light to enforce a controversial 2023 law that restricts real estate and land purchases by Chinese citizens, rejecting claims that the measure violates federal law and discriminates against Asians.
The 2-1 ruling by a panel of the Atlanta-based 11th U.S. Circuit Court of Appeals overturned a previous decision that had blocked the law’s enforcement pending appeal. The ruling could potentially encourage more than 30 other states where lawmakers have passed or introduced similar bills restricting foreign property ownership.
Key Legal Findings and Reasoning
The majority opinion, written by Circuit Judge Robert Luck, a Republican appointee, dismissed the plaintiffs’ challenge on two key grounds:
- Standing to Sue: The court found that the four Chinese citizens represented by the American Civil Liberties Union (ACLU) lacked legal standing to challenge the law’s most restrictive provisions. The law prohibits property purchases by individuals “domiciled” in China who are not U.S. citizens or green card holders, and the plaintiffs have lived in Florida for years.
- Federal Preemption and Discrimination: The court also rejected claims that the law conflicts with federal law governing foreign investments or was improperly motivated by racism against Chinese people and Asians. Judge Luck wrote that the law’s enactment was motivated by “National, individual, land, and food security concerns.”
Circuit Judge Barbara Lagoa, a fellow Republican appointee, joined the majority. Circuit Judge Charles Wilson, a Democratic appointee, dissented, arguing that regulating foreign investment is “a quintessentially federal arena” and Florida’s law was preempted by federal statute.
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Law’s Specific Restrictions
Signed into law by Republican Governor Ron DeSantis in 2023, the measure specifically prohibits individuals who are “domiciled” in China and are not U.S. citizens or green card holders from acquiring any interest in real property in Florida.
The law includes a narrow exception, allowing non-tourist visa holders and asylum recipients to purchase:
- A single residential property.
- The property must be two acres or less in size.
- It must be located at least five miles (8 km) from any military installation.
Governor DeSantis championed the law, stating it was necessary to protect Americans from the influence of the Chinese Communist Party.
The law also contains provisions requiring Chinese citizens to register their existing properties with the state. The ACLU and the office of Florida Attorney General James Uthmeier did not immediately respond to requests for comment.
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