A U.S. appeals court on Tuesday cleared the way for Florida to enforce a law limiting property and land purchases by Chinese citizens, rejecting arguments that it violates federal law or discriminates against Asians. The 2-1 ruling by the Atlanta-based 11th U.S. Circuit Court of Appeals could inspire other states to adopt similar “alien land” laws, which were once common but largely disappeared a century ago. More than 30 states have introduced or passed legislation restricting foreign ownership of real estate.
The court found that four Chinese citizens represented by the American Civil Liberties Union lacked legal standing to challenge Florida’s 2023 law because they have lived in Florida for years and are not “domiciled” in China, the group targeted by the legislation. The panel also dismissed claims that the law’s requirement for Chinese citizens to register property conflicts with federal foreign investment rules or that it was motivated by racial animus. Circuit Judge Robert Luck wrote that the law was motivated by “national, individual, land, and food security concerns.”
The law, signed by Republican Governor Ron DeSantis in 2023, prohibits individuals domiciled in China who are not U.S. citizens or green card holders from purchasing property in Florida. Exceptions allow non-tourist visa holders and asylum recipients to buy a single residential property up to two acres in size, provided it is at least five miles from any military installation. DeSantis argued the law protects Americans from the influence of the Chinese Communist Party.
Judge Luck was joined by fellow Trump appointee Barbara Lagoa, both former Florida Supreme Court justices, while Judge Charles Wilson, a Clinton appointee, dissented, arguing that foreign investment regulation is a federal matter and that Florida’s law is preempted by federal law. The ACLU vowed to continue challenging similar laws, calling them discriminatory based on national origin and ethnicity.
