Florida's Law Barring Chinese Property Ownerships Blocked by Court as It Violates Federal Law

AALDEF's legal director says that the law is a racist legislation.

Florida's bill that bars Chinese citizens from owning properties in the state has been blocked by a U.S. appeals court. This was confirmed by the 11th U.S. Circuit Court of Appeals on Thursday, Feb. 1.

Recently, two Chinese nationals sued the state of Florida because of this legislation, which has been described by some officials and residents as a racist law.

Florida's Law Barring Chinese Property Ownerships Blocked by Court as It Violates Federal Law
A "For Sale" sign sits in front of a new home May 27, 2004 in Miami, Florida. According to the Commerce Department new home sales in the United States suffered their largest monthly drop in 10 years in April as rising mortgage rates cooled the housing market from the previous month. Joe Raedle/Getty Images

But, since it has been blocked by the U.S. court of Appeals, this means that the two Chinese plaintiffs can continue their real estate transactions, which were halted when the law was implemented.

Florida's Law Barring Chinese Property Ownerships Blocked by Court

According to NBC News' latest report, the 11th U.S. Circuit Court of Appeals argued that the Chinese plaintiffs who sued Florida were likely to win in their lawsuit.

This is because Florida's law banning Chinese nationals from owning properties is a violation of the federal law governing real estate transactions by foreign individuals.

The decision of the U.S. appeals court is a big deal for many foreign nationals since other states, such as Texas, Louisiana, and Alamaba are planning to implement similar restrictions against Chinese citizens.

Bethany Li, the legal director of AALDEF (Asian American Legal Defense and Education Fund), said this legislation of Florida is a racist law.

"Today's ruling should serve as a warning to other states who are considering passing similarly racist bills, steeped in a history when Asians were ineligible for citizenship and were told they didn't belong," she explained.

About Florida's Anti-Foreign National Property Ownership Law

Florida's Law Barring Chinese Property Ownerships Blocked by Court as It Violates Federal Law
A For Sale sign displayed in front of a home on February 22, 2023 in Miami, Florida. US home sales declined in January for the 12th consecutive month as high mortgage rates along with high prices kept people shopping for homes out of the market. It was the weakest home sales activity since 2010. Joe Raedle/Getty Images

The Associated Press reported that the controversial law of Florida bars Chinese nationals from purchasing properties in large swaths of states.

The legislation states that citizens of Iran, Syria, Venezuela, North Korea, Russia, and Cuba are also affected by this law.

When it comes to technicalities, foreign nationals can't purchase properties that are within 16 km of military installations and other critical infrastructure.

This means that the law also aims to protect critical facilities in the United States. However, many real estate agents said ever since Florida implemented its law, property sales in the state have been drastically decreasing.

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