DOJ argues Florida law restricting Chinese land ownership is ‘unlawful’

The Department of Justice (DOJ) argued Tuesday that a Florida law barring Chinese citizens from owning land in the state violates a federal housing law and the Fourteenth Amendment.

“These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety,” the DOJ said in a statement of interest filed in a case challenging the law. 

Florida Senate Bill 264, which was signed into law in early May, restricts people from “countries of concern” from purchasing land or property within 10 miles of a “military installation” or “critical infrastructure facility” in the state.

The law’s “countries of concern” include China, Russia, Iran, North Korea, Cuba, Venezuela and Syria. However, another portion of the law specifically restricts Chinese citizens from purchasing or owning any property in Florida.

The Justice Department argued that the law violates the Fair Housing Act — which prohibits housing discrimination on the basis of several categories, including national origin — as well as the Equal Protection Clause of the Fourteenth Amendment.

While Florida officials have argued that the law is meant to “counteract the malign influence of the Chinese Communist Party,” the DOJ said that the state has not explained how blocking people from these countries from owning property would achieve this goal.

“Florida has yet to identify any legitimate connection between protecting the State and prohibiting individuals who simply come from ‘foreign countries of concern’ from purchasing or owning real property,” the filing said.