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Chinese citizens sue Florida over property purchase ban

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  • By Kayla Epstein
  • BBC News, New York

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Similar bills in other parts of the country have sparked protests from Asian Americans.

A group of Chinese citizens who work and live in Florida are challenging a new law that prohibits them from buying property in the state.

The American Civil Liberties Union, a civil rights group representing the plaintiffs, said the law is unconstitutional and discriminatory.

The ban would also affect Chinese Americans and people of Asian descent, the lawsuit says.

Supporters of the bill have argued that it will protect the national security of the United States.

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

He lawsuit takes place against the backdrop of strained relations between the US and China, and the upcoming presidential bid of Republican Governor Ron DeSantis.

“Florida’s discriminatory property law is unfair, unwarranted and unconstitutional,” Ashley Gorski, the ACLU’s senior attorney, said in a statement. “Everyone in the United States is entitled to the same protection under our laws, including citizens of other countries.”

The plaintiffs, represented by the ACLU and two other groups, say that, in practice, Florida law will lead to widespread discrimination against these communities in the state, including ordinary residents and US citizens.

The legislation applies to property within 10 miles of a “critical infrastructure facility” and also prohibits foreign entities from Russia, Iran, North Korea, Cuba, Venezuela and Syria.

Those zones include airports, military installations, spaceports, refineries, electric power plants, water and waste treatment facilities, or seaports. Foreign entities are also prohibited from purchasing agricultural land.

The legislation largely focuses on restricting sales to Chinese citizens and entities.

It makes it a felony for Chinese citizens or companies to knowingly buy property, or for a person or company to knowingly sell it to them. For citizens of the other countries on the list, the penalty is a misdemeanor.

Both Republicans and Democrats have raised concerns over the years about potential state-sponsored interference by China, Iran and Russia in key US infrastructure, such as its power grid or voting systems.

Florida isn’t the only state to take such action, either. Montana’s Republican governor signed a measure in early May that restricts Chinese businesses and citizens from buying farmland or property near certain critical infrastructure. Texas is also considering a bill along these lines.

Mr. DeSantis, a Republican, signed SB 264 into law on May 8, and it is scheduled to go into effect on July 1.

At a press conference on May 8, DeSantis said the law it was part of an effort “to stop the influence of the Chinese Communist Party.”

The United States has a long history of discriminatory housing policies, both official and unofficial. Multiple civil rights cases have been brought to end housing discrimination based on race, sex, ideology, or orientation.

During the 20th century, a practice known as “red lining” barred many communities of color, especially black residents, from owning property in certain districts.

Asian Americans have also borne the brunt of such policies throughout US history. The legal representatives specifically referred to these moments when arguing that the law would harm Chinese immigrants.

“Xenophobic policies and rhetoric toward China fuel racial bias,” said Bethany Li, legal director of the Asian American Legal Defense and Education Fund, one of the groups representing the plaintiffs.

The law has left many in the state’s Asian community unsure and fearful of their future.

Before the bill passed, Chinese Americans protested at the Florida state capitol against the new restrictions.

One student, Victoria Li, told the Tallahassee Democrat he was concerned that “the bill will affect people like me who want to own a home.”

“We are afraid, we are terrified,” he said. “That’s why we came here. We have the American Dream.”


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