DOJ says Florida law restricting Chinese land ownership ‘unconstitutional’

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The Justice Department said in a statement on Tuesday that a new Florida law that restricts Chinese citizens — with few exceptions — from purchasing land in the state is unconstitutional.

What does state law say: Senate Bill 264signed by Governor Ron DeSantis In May, it enrolls citizens of certain “concerned countries” – ChinaRussia and Iran north koreaCuba, Venezuela and Syria – from purchasing land or property within 10 miles of a military or “critical infrastructure facility” in Florida.

Exceptions are made for those with a valid non-tourist visa or those who have been granted asylum, who may purchase a single home if that property is less than two acres and not within five miles of a military installation. Another part of the law specifically restricts Chinese political entities and companies, but with the exception of the region itself and military distance.

Existing owners, as well as new buyers who fall into the exception, are required to register their property with the state if they are within 10 miles of any military facility or critical infrastructure facility.

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What does the Ministry of Justice say: Written by the Ministry of Justice filing to support a lawsuit aimed at blocking the new legislation.

According to the agency, the law Violates the Fair Housing Act and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. It noted that its “unlawful” provisions would cause “serious harm to persons simply because of their national origin, conflict with federal civil rights laws, undermine constitutional rights, and would not advance the state’s purported goal of increasing public safety.”

The department said the plaintiffs – a group of four Chinese nationals – are likely to succeed in their application for an emergency preliminary injunction.

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The bigger picture: The new law is set to go into effect on July 1. The American Civil Liberties Union, which is representing the plaintiffs, Believes You will cast an unwarranted burden of suspicion on anyone seeking to purchase a property whose name sounds Asian, Russian, Iranian, Cuban, Venezuelan or Syrian.

A hearing on the plaintiff’s application for a preliminary injunction is scheduled for July 18.

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