PROPERTY LAWChinese Citizens Sue Florida Over “Xenophobic” Law Restricting Property Purchase by Citizens of "Countries of Concern"

By Rob Garver

Published 24 May 2023

Four Chinese citizens living in Florida and a real estate brokerage that operates in the state have joined together in a lawsuit challenging a new law which places severe restrictions on the ability of non-U.S. citizens from “countries of concern” to purchase property there.

Four Chinese citizens living in Florida and a real estate brokerage that operates in the state have joined together in a lawsuit challenging a new law that places severe restrictions on the ability of some non-U.S. citizens to purchase property there.

The case, Shen v. Simpson, charges that Florida law SB 264, which was signed by Governor Ron DeSantis this month and goes into effect on July 1, violates the plaintiffs’ rights to equal protection and due process under the U.S. Constitution.

The bill places restrictions on the purchase of property by individuals who are citizens of “countries of concern,” including Cuba, Venezuela, Syria, Iran, Russia and North Korea, but the rules are most severe for Chinese citizens.

Under the law, it will become illegal for Chinese citizens who are not lawful permanent residents of the U.S. to purchase any real estate in Florida. Chinese citizens who currently own property in the state will be required to register those properties with the state. Violation of the law is punishable by fines, criminal charges and imprisonment.

The suit names several defendants, including Wilton Simpson, Florida’s Commissioner of Agriculture, whose agency would be in charge of enforcing the law. The Florida Department of Agriculture and Consumer Services had not yet responded to VOA’s request for comment.

Asian Americans Concerned
Opponents of the bill said that it will increase racial animus in the state and pointed out that the legislation echoes many anti-Chinese and anti-Asian laws that were passed across the U.S. in the late 19th and early 20th centuries, and which were later ruled unconstitutional.

There’s a huge amount of concern within the Asian American community in Florida and other communities that are affected by this law about how it stigmatizes people of Asian descent,” Patrick Toomey, deputy director of the American Civil Liberties Union’s National Security Project, told VOA. “It will make it harder for anyone whose name sounds like they may be [from] one of the countries to buy property within the state.”