Legal/Law/Criminal Justice and Reform

Trump-Appointed Judge Declines To Block Florida Law Banning Chinese Nationals From Owning Property

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A federal judge in Florida declined Thursday to block the state’s law restricting Chinese nationals from purchasing certain land and property within the state.

U.S. District Court Judge for the Northern District of Florida Allen Winsor, a Trump appointee, declined to issue a preliminary injunction blocking the law while the lawsuit is pending, finding the plaintiffs were not likely to succeed on their claims. A group of Chinese citizens living in Florida, backed by the American Civil Liberties Union (ACLU) and the Asian American Legal Defense and Education Fund, sued the state in May, alleging the law violated the Constitution’s equal protection guarantees and the Fair Housing Act.

“The problem for Plaintiffs is that, as noted above, Florida’s law does not make any classification based on ‘race, color, religion, sex, familial status, or national origin,'” the judge wrote. “It instead classifies based on alienage, citizenship, and lawful-permanent resident status — none of which are covered by the FHA.”

The law, signed by Republican Gov. Ron DeSantis on May 8, prevents individuals from China, Russia, Iran, North Korea, Cuba, Venezuela and Syria from purchasing agricultural land and property within 10 miles of “any military installation or critical infrastructure facility.” It contains an exception allowing citizens of other countries who have a valid non-tourist visa or who have been granted asylum to purchase a residential property up to two acres, as long as it is not within five miles of a military installation.

BREAKING: A federal district court denied our clients’ request to block Florida’s discriminatory housing law that bans many Chinese immigrants from buying a home in large parts of the state.

We’re appealing this ruling.

— ACLU (@ACLU) August 17, 2023

The Biden administration filed a “statement of interest” in the case in June, also alleging Florida’s violates the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act.

“While today’s decision is disheartening, our clients will continue to fight for their rights to equality and fairness on appeal,” said Ashley Gorski, senior staff attorney at ACLU’s National Security Project, said in a statement. “Florida’s law legitimizes and expands housing discrimination, in violation of both the Constitution and the Fair Housing Act.”

Florida Gov. Ron DeSantis said in January it is “not in the best interests of Florida to have the Chinese Communist Party owning farmland, owning land close to military bases,” according to The Hill.

The Florida attorney general’s office did not immediately respond to a request for comment.