An attorney representing four Chinese nationals in Florida argued before a federal appeals court that a controversial state law restricting Chinese citizens from buying real estate is discriminatory and violates federal government supremacy in foreign affairs. The law prohibits citizens of China and other countries seen as threats from purchasing property near military installations and critical infrastructure. The attorney compared the law to past discriminatory practices against Chinese individuals and claimed it infringes on equal protection guarantees. However, the attorney for the state defended the law by aligning it with national security concerns regarding the Chinese government’s potential threats.
The law was signed by Governor Ron DeSantis nearly a year ago, targeting citizens of China and other specified countries from buying property within designated areas in Florida. DeSantis justified the law by labeling China as the country’s greatest geopolitical threat and taking a stance against the Chinese Communist Party. The law also affects citizens from countries like Cuba, Venezuela, Syria, Iran, Russia, and North Korea, with harsh penalties for Chinese citizens and property sellers. The case is being heard by a three-judge panel, including two former Florida Supreme Court justices appointed by DeSantis and later to the federal court by then-President Donald Trump.
Throughout the legal arguments, the judges expressed skepticism about whether the Chinese nationals had standing to challenge the law and questioned the specific harm they had faced. The attorney representing the Chinese individuals pointed out the impact on their ability to obtain home mortgages and the economic implications of the law. However, the state’s attorney argued that Florida crafted the law based on U.S. policy regarding China and critical infrastructure protection. The discussions also highlighted the broad definition of “critical infrastructure” and the potential impact on property transactions in Florida for individuals from the barred countries.
The attorney representing the state noted the lack of support from the Biden administration for the Chinese nationals challenging the law. The judges inquired about the restrictions’ extent and whether there would be any areas left in Florida where individuals from the designated countries could buy property. The state’s attorney mentioned ongoing map preparations to determine the specific limitations. The original complaint filed by the Chinese nationals argued that the law violated constitutional clauses related to equal protection and due process, casting suspicion on individuals of Chinese descent seeking property in Florida. However, a district court judge previously refused to block the law, citing lack of evidence of discriminatory intent based on race.
The legal battle over the Florida law restricting Chinese citizens from purchasing real estate near military installations and critical infrastructure continues as the arguments unfold before the federal appeals court. The case raises complex issues surrounding discrimination, foreign affairs, national security, and constitutional protections. While the state argues the law is necessary to protect against potential threats posed by the Chinese government, the Chinese nationals claim it unlawfully targets them based on their nationality. The outcome of this case could have significant implications for property transactions involving individuals from the specified countries in Florida.
