Florida Court Hears Challenges to New Law Banning Chinese Home Ownership

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By Rachel Lu | AsAm News

The 11th Circuit Court of Appeals April 19 heard challenges from plaintiffs who argue that SB 264, a new Florida law that bans many Chinese immigrants from buying a home in large swaths of the state, is unconstitutional.

Activists from all over the country showed up for a rally following the hearing. Many said that SB 264 has had a chilling effect for Chinese immigrants living in Florida that is rippling through the entire Asian American community.

ā€œMany people are leaving or considering leaving. They are selling their houses,ā€ Echo King, co-founder and President of the Florida Asian American Justice Alliance, told AsAmNews. ā€œWe don’t feel welcome. So people are leaving.ā€

Impact to Businesses

The four Chinese immigrants who are plaintiffs in this lawsuit live, work, study, and raise families in Florida, but are now prohibited from buying a home there. Local real estate firm, Multi-Choice Realty, whose business has been harmed is also a plaintiff.

They are represented by The American Civil Liberties Union, ACLU of Florida, DeHeng Law Office, the Asian American Legal Defense and Education Fund, and the law firm Quinn Emanuel.

SB 264 was originally signed into law by Florida Governor Ron Desantis in May, 2023. The plaintiffs say the law also unfairly discriminates against immigrants from Cuba, Venezuela, Syria, Iran, Russia, and North Korea. But it singles out China with especially heavy-handed measures and harsher criminal penalties. 

Prison Time

According to CourtHouse News, Chinese immigrants who live lawfully in the U.S as professors, students, employees, and scientists face up to five years in prison for trying to buy a home. The seller faces up to one year in prison, as well as thousands of dollars in fines.

The law’s effect on Chinese immigrants was central to the oral arguments presented by Ashley Gorski from the ACLU. She argued that the law violates the Fair Housing Act and the Equal Protection Clause by unlawfully restricting housing for Chinese immigrants. 

She also argued that the law creates foreign enemies for the state of Florida, which is in conflict with the authority of the U.S government.

Read the full story by AsAm intern Rachel Lu.

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