US appeals court OKs Florida’s ban on Chinese citizens buying property

A federal appeals court ruled last Tuesday that Florida can enforce a 2023 law restricting property purchases by Chinese nationals, dismissing constitutional challenges.

Catch up: The 11th U.S. Circuit Court of Appeals in Atlanta sided 2-1 with Senate Bill 264, which Gov. Ron DeSantis signed in 2023 and called it “the strongest legislation in the nation” to counter foreign malign influence. Under the measure, Chinese nationals without U.S. citizenship or green cards cannot buy Florida real estate if they maintain their primary residence in China. Limited exceptions allow non-tourist visa holders and asylum recipients to purchase a single home under two acres located beyond five miles from military installations.

In rejecting the challenge, the court found that the four Chinese plaintiffs lacked standing because their longstanding Florida residency means China is no longer their domicile. Circuit Judge Robert Luck wrote that “National, individual, land and food security concerns motivated (the law’s) enactment.” However, Circuit Judge Charles Wilson dissented, arguing that regulating foreign investment is “a quintessentially federal arena.” The Florida measure reflects a growing pattern nationwide, with Texas enacting similar restrictions in September against Chinese, Russian, Iranian and North Korean citizens.

What this means: This decision revives discriminatory alien land laws from the early 1900s that barred Asian immigrants from owning property. While longtime Florida residents are technically exempt, the law casts suspicion over Asian American homebuyers throughout the state, mirroring historical policies that targeted entire communities for exclusion. And with over 30 state legislatures now considering comparable measures, nationality-based housing barriers could become widespread policy across the country.

The vague “domicile” standard creates legal uncertainty for immigrants navigating property purchases while reinforcing a narrative that Asian Americans remain perpetual foreigners regardless of their community ties.

What’s next: Chinese buyers represented just 3% of Florida’s foreign property purchases in 2024, but as suggested above, the decision could have a national impact. The case will likely reach the Supreme Court, and if upheld, the precedent could enable lawmakers to pursue increasingly broad prohibitions targeting additional countries or ethnic communities.

The American Civil Liberties Union (ACLU), among the organizations challenging the law, has pledged to continue fighting. “All people, regardless of where they come from, should be free to buy homes and build lives in Florida without fear of discrimination,” Ashley Gorski, senior staff attorney with the group’s National Security Project, said in a statement.