WASHINGTON - Next Tuesday, a judge in Florida will hear a challenge to a law signed by Governor Ron DeSantis in May that bans Chinese nationals or Chinese who have “domicile” in China from buying property in the state.
Critics see Florida Senate Bill 264, which took effect on July 1, as Mr DeSantis’ attempt to burnish his nationalist credentials as he runs for the Republican presidential nomination for the 2024 election.
They also see it as an example of how geopolitical competition with China and anti-Chinese sentiment in the United States can turn into xenophobia when stoked by domestic politics.
The law has been compared with the infamous 1882 Chinese Exclusion Act, the only major US law ever implemented to prevent a specific national group from immigrating to the US.
But expectations are that the judge will grant an injunction – though that itself will also be appealed against, in what could be a long legal to and fro.
On June 27, the Department of Justice (DOJ) weighed in, saying “unlawful provisions” in the law “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”.
“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,” it said.
The law has sent a chill through Chinese Americans.
“My community, lots of people, are scared,” said Ms Echo King, an attorney based in Orlando, Florida.
“The reality will be that any seller, when they see a Chinese name... will think ‘Too much trouble’, and they’ll refuse to sell,” she told the journal Vox in May.
Under the new law, individuals who were born in China but are not yet US citizens or green card holders cannot purchase or own any land or building, commercial or otherwise, in Florida.
The law – which is not retroactive – lists “countries of concern”, which besides China include Russia, Iran, North Korea, Cuba, Syria and Venezuela.
But it is obvious that the real target is China.
“Today is one example of Florida really leading the nation in terms of what we’re doing to stop the influence of the Chinese Communist Party,” Mr DeSantis had said at a press conference on May 8, the day he signed the law.
Eyeing White House bid, DeSantis targets Chinese influence
When Sino-US acrimony spills over to home ownership in Texas
The legal challenge that will be heard next Tuesday has been filed by a group of Chinese citizens who live in Florida and a real estate firm in Florida that primarily serves clients of Chinese descent.
They are represented by the American Civil Liberties Union (ACLU), DeHeng Law Offices PC and the Asian American Legal Defence and Education Fund, in coordination with the Chinese American Legal Defence Alliance.
The ACLU said: “This misguided rationale unfairly equates Chinese people with the actions of their government, and there is no evidence of national security harm resulting from real estate ownership by Chinese people in Florida.”
It added: “Florida’s dangerous new law recalls similar efforts over the past century to weaponise false claims of ‘national security’ against Asian immigrants and other marginalised communities.”
Several other states have passed laws curbing Chinese entities from buying certain kinds of property, said Mr Clay Zhu, an attorney and managing partner at DeHeng Law Offices in California.
“Some target specifically the Chinese government or state-owned enterprises; some target people or entities associated with the Chinese government or the Chinese Communist Party. But the Florida law has the broadest scope,” he told The Straits Times.
“Chinese and Japanese immigrants were not allowed to own land under the Alien Land Laws more than a hundred years ago, and Florida has just turned the clock back,” he added.
“It’s about politics,” he said.
“It’s about the next election. A lot of the red (Republican) states, Florida in particular because the governor is running for president, are trying to be so-called ‘tough on China’.”
Texans of Chinese descent fret that 'dreams have been smashed'
Texas, other US states mull ban on Chinese buying land
Read the full story for $0.99/month Save more than 90% on your subscription and get over 500 subscriber-only articles every month.
ST All-Digital Package - Monthly $29.90 $0.99/month No contract
$0.99/month for the first 3 months, $29.90/month thereafter. T&Cs apply.
Subscribe now
Unlock these benefits Get subscriber-only articles on ST Web and app
Easy access on up to 4 devices
2-week e-paper archive to ensure you never miss out on news that matters to you
Join ST's Telegram channel and get the latest breaking news delivered to you.
United States China US-China ties Law and legislation US politics
Facebook WhatsApp Twitter More Whatsapp Linkedin FB Messenger Telegram Reddit WeChat Pinterest Print Purchase Article Copy permalink https://str.sg/iwzH
Read this subscriber-only article for free!
Just sign up for a free account and log in to continue reading.
Florida’s anti-Chinese law driven by domestic politics, faces legal challenge
Sign up
Already have an account? Log in.
All done! This article is now fully available for you
Florida’s anti-Chinese law driven by domestic politics, faces legal challenge
Read now
Please verify your e-mail to read this subscriber-only article in full
Florida’s anti-Chinese law driven by domestic politics, faces legal challenge
Resend verification e-mail
The gift link for this subscriber-only article has expired.
Get unlimited access to all stories at $0.99/month for the first 3 months.
Subscribe now
You have reached your limit of subscriber-only articles this month.
Get unlimited access to all stories at $0.99/month for the first 3 months.
Subscribe now
Read and win!
Read 3 articles and stand to win rewards
Let's go! Terms & conditions apply
Frequently asked questions
Good job, you've read 3 articles today!
Spin the wheel now
Let's go! Terms & conditions apply
Frequently asked questions