Justice Department says new Florida law restricting Chinese land ownership is unconstitutional - POLITICO
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Justice Department says new Florida law restricting Chinese land ownership is unconstitutional
The legal action by the department is just the latest skirmish between the Biden administration and Ron DeSantis in recent years.
Florida Gov. Ron DeSantis, who is seeking the Republican nomination for president, said in May that the measure helps Florida lead the way among states in protecting national security. | Eric Gay/AP Photo
WASHINGTON — The U.S. Department of Justice this week said a new law signed by Gov. Ron DeSantis that restricts some Chinese citizens from owning property in Florida violates federal law and the U.S. Constitution.
DeSantis, who is seeking the Republican nomination for president, said in May that the measure helps Florida lead the way among states in protecting national security.
But the DOJ said in a "statement of interest" filed in U. S. District Court in Tallahassee that the legislation, FL SB264 (23R), violates the federal Fair Housing Act and the Equal Protection Clause of the 14th Amendment.
"These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State's purported goal of increasing public safety," the DOJ wrote.
The new law takes effect July 1.
The legal action by the department is just the latest skirmish between the Biden administration and DeSantis in recent years, but this marks the first significant conflict since DeSantis jumped into the race for president a month ago.
There was no immediate response to a request for comment from the governor's office or Florida Attorney General Ashley Moody. Nor were comments provided in response to a request from the state Department of Economic Opportunity or Florida Agriculture Commissioner Wilton Simpson, both of which are named as defendants in the lawsuit, filed by the American Civil Liberties Union.
A Simpson spokesperson said the commissioner would allow his reply brief due to be filed in federal court by July 3 to speak for itself.
DeSantis on the campaign trail has repeatedly warned that the Chinese represent one of the biggest threats against the U.S. and contended that Biden has been too weak in dealing with the communist country.
"Our food security is also our national security," DeSantis said at the bill signing event last month. "So we don't want the CCP in charge of any of the food production."
Chinese citizens and Asian-Americans living in Florida warned legislators last spring that they would face discrimination and harassment if the bill passed. The Senate voted 31-8 to pass the bill and the House backed the bill by a 95-17 vote.
The new law labels seven nations as a "foreign country of concern" — China, Cuba, Iran, North Korea, Russia, Syria and Venezuela — and restricts property ownership for some residents from those countries.
In addition, some Chinese citizens would be prohibited from purchasing more than two acres of land, and there are misdemeanor criminal penalties for property sellers who knowingly violate the law.
The ACLU says the new law would cast "an undue burden of suspicion" on anyone trying to buy a house as long as their "name sounds remotely Asian."
Four Chinese immigrants and Multi-Choice Realty, LLC are plaintiffs in the federal lawsuit filed in May and requested an emergency preliminary injunction earlier this month blocking implementation of the law. U.S. District Judge Allen C. Winsor has scheduled a July 18 hearing on the motion.
The Department of Justice in its court filing this week said the plaintiffs are likely to succeed on the case's merits. The DOJ enforces the Fair Housing Act and has a strong interest in eradicating housing discrimination, the statement said.
DOJ states that the Fair Housing Act prohibits discrimination based on nationality and that non-immigrant visa holders from the seven countries will be the most affected by the new law.
And the department says additional restrictions on owning land near military installations and "critical" infrastructure will make large parts of Florida "essentially off-limits" to people based on their nationality.
"Florida has yet to identify any legitimate connection between protecting the State and prohibiting individuals who simply come from 'foreign countries of concern,' from purchasing or owning real property," the agency wrote.
The DOJ press office did not respond to or acknowledge an email with questions about the role of the department in the case. But Ashley Gorski, senior staff attorney with ACLU's National Security Project, said the Biden Administration's involvement is significant.
"DOJ has weighed in because Florida's law is blatantly unconstitutional and violates the Fair Housing Act," Gorski said. "Their brief underscores just how egregious SB 264 is, and we look forward to making that case in court on July 18."
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Ron DeSantis and the damn gop in the Florida legislature wipe their ass with the Constitution...
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Brandon, Garland, and the US Justice Department best friends Xi could ever have.
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Comment removed for context [ph]
Therein lies a problem for DeSantis, The largest pork producer in the US is Smithfield Foods and it is 100% Chinese-owned. What does he plan to do about them, federalize the company? How would the food that we currently purchase from China be affected also much of it comes in on Chinese ocean carriers, more complications.
The Chinese own some 2400 companies in the US (per Axios 2018) and employees some 114,000 people.
A brief reading of the bill seems to say that a person that is Chinese in the US on a legal visa is restricted to how much and where they can buy land. The US has no law that bars anyone from purchasing land/property in the US. The Chinese are 18th on the list of foreign countries that own land in the US.
It seems to me to be more of a publicity stunt than anything else more like his numerous ''culture war'' laws.
The last time this issue came up it was pointed out the British own far more property than the Chinese. Then it was about American owned, American made - now it's somehow about spies? I'm pretty confident the hog farmers aren't spying on the FL government.
For all the people here that supported yesterday's SCOTUS decision on affirmative action calling it a racist policy - well isn't this policy is also racist?
No. It is about resources. If, for instance, China buys a large stake in US pig farms and decides to ship all that Pork to China, what will you say then?
They already own the largest pork producer in the US and as far as I know they are still selling pork in the US.
Luxembourg owns more US land than China. Time to put restrictions on them, I think that they are commies.
BTW it's been reported in the RW media that there are numerous spy porkers running or waddling around the US.
Yes, I know. That is why I chose that example.
What would you say if they shipped all that pork over to China?
Okay.
That would suck for the price of bacon. I like bacon. I guess I'd have to get used to Turkey bacon.
The Aussies also produce a lot of pork in the US. Crikey, Mate! Time to send those boom-a-rang slingers packing too.
1. The would be replaced as number one by a competitor in the US.
2. For the short term prices would rise
3. I don't care. It's a hypothetical question and therefore bears a hypothetical answer.
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That's what I thought.
Damn, have to nab one of those jumbucks at the billabong. Oops those are sheep.
BTW with regard to some of the comments on here, I'm currently experiencing life at several WTF's per hour.
That is my complete comment, always quote me correctly it would help your crediibility.
I am NOT the subject of the article.
Kavika, I got it right.
How about "don't put words in my mouth?"
only a blind man would make a comment that ignorant.
I'm 20/20 when it comes to you.
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[Further meta will result in points toward suspension.]
Actually you much closer to 20/200 and the aviator dark glasses are making it worse. Sucking on ice cream can create a brain freeze. Better be careful of that.
Apparently states doing what the Federal government already does is unconstitutional. This tempest in a teacup is all about keeping Biden in office and really doesn't have anything to do with the Constitution.
The military has already assumed the authority to ban land sales to Chinese citizens.
The Biden administration is already way too friendly to the Chi-Com government and its ownership of large tracts of land and businesses, which could have national security implications. The law is not intended to restrict the activities of ordinary citizens or legal Chinese immigrants. We already have a large enough problem with China putting spies in academia and in all levels of industry
This is about private citizen rights not the CCP.
How come we can't see you as being online?
IDK, probably because is was not online.
I do. I think you were using the invisible button. The one NT should get rid of.