Federal Appeals Court Refuses to Block Discriminatory Florida Housing Law That Targets Chinese Immigrants
This decision allows Florida鈥檚 unconstitutional ban on Chinese homebuyers to remain in effect, but clarifies that the law applies narrowly
MIAMI 鈥 The 11th Circuit Court of Appeals today refused to preliminarily block SB 264, a discriminatory housing law in Florida. The law, which bans many immigrants from China and six other countries from purchasing homes in the state, will remain in effect while the case proceeds. The court concluded that none of the plaintiffs had 鈥渟tanding鈥 to challenge SB 264鈥檚 restrictions on property purchases. Significantly, however, the court clarified that these restrictions do not apply to certain Chinese immigrants who reside in Florida and intend to remain there indefinitely.
Under SB 264, people who are not U.S. citizens or permanent residents, and whose 鈥渄omicile鈥 is in China, are prohibited from purchasing property in Florida. The sole exception is extremely narrow: Those with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any 鈥渕ilitary installation.鈥 A similar but less restrictive rule also applies to many immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria.
鈥淎ll people, regardless of where they come from, should be free to buy homes and build lives in Florida without fear of discrimination,鈥 said Ashley Gorski, senior staff attorney with the 红杏视频鈥檚 National Security Project. 鈥淎lthough today鈥檚 decision is disappointing, we鈥檒l continue to fight laws like these that blatantly target immigrants based on their national origin and ethnicity.鈥
This pernicious law mirrors repeated efforts over the past century to weaponize false claims of 鈥渘ational security鈥 against Asians and other immigrants. In the early 20th century, politicians used similar justifications to pass 鈥渁lien land laws,鈥 which barred Chinese and Japanese immigrants from becoming landowners in states across the United States, including Florida. Throughout the country, there has been a resurgence of these alien land laws 鈥 further eroding the rights of immigrants under the guise of protecting national security.
鈥淪B 264 explicitly discriminates against Chinese immigrants, and it has broader chilling effects on Asian Americans in Florida who simply want to buy a home,鈥 said Clay Zhu, president of CALDA. 鈥淲e will continue to fight SB 264 and similar 鈥榓lien land laws鈥 across the country.鈥
鈥淪B 264 is not just unconstitutional鈥攊t harkens back to discredited century-old alien land laws that told generations of Asian Americans that this country was not their home,鈥 said Bethany Li, executive director of AALDEF. 鈥淏ut our communities survived those past assaults on our rights, and we remain. We will continue to fight back for the dignity and belonging we deserve.鈥
Although the appeals court refused to preliminarily block the law, today鈥檚 decision makes clear that certain Chinese immigrants who live in Florida and intend to remain there indefinitely are 鈥渄omiciled鈥 in Florida and thus exempt from SB 264鈥檚 restrictions on property purchases.
The 红杏视频, 红杏视频 of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), the Chinese American Legal Defense Alliance (CALDA), and the law firm Quinn Emanuel are representing Chinese immigrants who live, work, study, and raise families in Florida, as well as Multi-Choice Realty, a local real estate firm whose business has been harmed by the law.