DOJ Joins Lawsuit Against Florida Barring Chinese Citizens From Buying Land

The Biden administration has presented its argument in federal court, opposing a new Florida law that prohibits Chinese citizens from owning land in the state. In the case of Shen v. Simpson, filed in the U.S. District Court for the Northern District of Florida, the Department of Justice under President Joe Biden has submitted a "statement of interest."

The DOJ's filing argues that the law, set to take effect this Saturday, violates both the Equal Protection Clause of the 14th Amendment of the United States Constitution and the Fair Housing Act. The Fair Housing Act specifically prohibits discrimination based on national origin in real estate transactions.

The DOJ stated in its submission that the provisions violate federal civil rights laws, impair constitutional rights, and will not further the State's stated intention of enhancing public safety. "These unlawful provisions will cause serious harm to people simply because of their national origin," the DOJ wrote.

The plaintiffs, a group of Chinese nationals living in Florida, "are likely to succeed on the merits" of their lawsuit, the DOJ continued.

According to the complaint, the plaintiffs run brokerage firms that "primarily [target] Chinese and Chinese American clients."

Florida Governor Ron DeSantis, a Republican who is running for president, tweeted in response to the DOJ's submission, "While the Biden-Garland DOJ sides with Communist China, I side with the American people," making reference to the president and his attorney general, Merrick Garland.

He claimed, "As governor, I forbade CCP-connected entities from purchasing land in Florida." "I'll act similarly as president,"



According to the complaint, the plaintiffs filed the lawsuit in May and assert that the law will force them to forego property purchases and shut down their businesses.

Several organizations, including the Asian American Legal Defense and Education Fund and the American Civil Liberties Union, are defending their rights.

According to Ashley Gorski, a senior staff attorney with the ACLU's National Security Project, "Florida's discriminatory property law is unfair, unjustified, and unconstitutional."

The law in the United States guarantees equal protection to everyone, including foreign nationals. SB 264 will severely hurt our clients and a great number of other immigrants in Florida if it becomes law, according to Gorski.

According to its text, Florida law prohibits the purchase of land by Chinese nationals who are "domiciled" there, as well as other foreign nationals from "countries of concern," from doing so within 10 miles of "military installations or critical infrastructure facilities" in the state.

"Countries of concern," in addition to China, also include Iran, Russia, North Korea, Syria, Venezuela, and Cuba.

According to the text, citizens of these nations who are also U.S. citizens or have lawful permanent residency are not subject to the law.

According to The Hill, DeSantis stated in January that it is "not in the best interests of Florida" for the Chinese Communist Party to own farmland and land close to military bases.

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