NAPABA Applauds Eleventh Circuit Ruling Halting Enforcement of Florida’s Discriminatory Alien Land Law

For Immediate Release: 
Date: February 2, 2024 
ContactRahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – In the ongoing litigation against Florida’s discriminatory alien land law (“SB 264”), the United States Court of Appeals for the Eleventh Circuit granted a preliminary injunction yesterday in favor of two of the plaintiffs and halted enforcement of the law against them. In temporarily blocking SB 264, the court held that the plaintiffs demonstrated a substantial likelihood that the statute is preempted by federal law and that they have shown an imminent risk that the law would cause them irreparable harm. The plaintiffs, lawfully present Chinese immigrants, first brought the suit because they were stymied in their efforts to purchase homes when the law went into effect.

“We are grateful that the court recognized the real harm that discriminatory statutes such as SB 264 are imposing on the Asian American community,” said Anna Mercado Clark, President of NAPABA. “As litigation continues, NAPABA will continue to oppose alien land laws, whether in the halls of Congress, in statehouses, or in court, until these discriminatory policies return to the dustbin of history, where they belong.”

In a robust concurrence, Judge Nancy Abudu acknowledged that “SB 264 was enacted for the specific purpose of targeting people of Chinese descent.” Judge Abudu concluded that the plaintiffs have shown a substantial likelihood that statute also violated the Equal Protection Clause of the United States Constitution. In doing so, Judge Abudu excoriated the District Court’s fraught reliance on the widely discredited century-old Terrace v. Thompson, 263 U.S. 197 (1923), case, determining that it “may have had support in 1923, but it is now 2024” and such laws are now subject to strict scrutiny.

NAPABA, together with its four Florida affiliates, joined an amicus brief before the Eleventh Circuit in the case, continuing our long history for over a decade of leading efforts to overcome the state’s legacy of anti-Asian alien land laws. This includes when Florida became the last state in the United States over five years ago to abolish such discriminatory language from its constitution, only to enact SB 264 last year. Throughout the country, NAPABA and its affiliates continue to fight these discriminatory measures through legislative advocacy and educating lawmakers and the wider public on the painful history and legal implications of wrongfully restricting the property rights of Asian American, Native Hawaiian, and Pacific Islander communities.

###

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

NAPABA and APABA Tampa Bay Oppose Florida Alien Land Law in Court

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and the Asian Pacific American Bar Association of Tampa Bay (APABA Tampa Bay) joined the Fred T. Korematsu Center for Law and Equality, the Hispanic National Bar Association, the South Asian Bar Association of North America, and other partners to oppose the Florida Conveyances to Foreign Entities Law (“SB 264”), a new statute that would prohibit individuals from purchasing real property in Florida based on national origin. The coalition filed an amicus brief, which can be found here, with the United States District Court for the Northern District of Florida in support of the plaintiffs’ motion for a preliminary injunction in Yifan Shen v. Wilton Simpson. The motion seeks a preliminary injunction barring the enforcement of SB 264.

The amicus brief continues the advocacy efforts of NAPABA and our Florida affiliates in opposing SB 264 during the legislative process. In yesterday’s brief, the coalition argued that laws such as SB 264 are “stains on American history” and that alien land laws have “historically and consistently been struck down as invidiously discriminatory.” They promote discrimination against the Asian American, Native Hawaiian, and Pacific Islander community and endanger these populations under the guise of national security concerns.

The opposition to SB 264 coincides with the leadership of NAPABA and its affiliates in combatting similar efforts across the nation. Beyond Florida, NAPABA has opposed similar legislation introduced in Texas, Louisiana, and Alabama that targeted the AANHPI community. During NAPABA Lobby Day last month, our members demanded that Congress act in response to state actions restricting our communities’ ability to pursue a livelihood. Days later, Rep. Judy Chu of California, who chairs the Congressional Asian Pacific American Caucus, and Rep. Al Green of Texas introduced the Preemption of Real Property Discrimination Act in the United States House of Representatives. The bill, which NAPABA endorsed the same day, would nullify any state law that prohibits or otherwise restricts an individual’s right to purchase real property based only on that individual’s citizenship.

NAPABA President Sandra Leung denounced state efforts to enact such discriminatory policies, which “eerily recall ancient alien land laws, which were enacted over a hundred years ago, that barred Asian immigrants from owning land. Such laws belong in the dustbin of history, and they have no place in our nation today. While policymakers are free to address the legitimate national security concerns of the United States, they may not enact discriminatory laws on the backs of the Asian American, Native Hawaiian, and Pacific Islander community.”

“Unless enjoined, SB 264 will be applied in discriminatory ways and inflict lasting damage on Asian Pacific American communities in Florida and beyond,” said SeungEun April Lee, President of APABA Tampa Bay.

NAPABA extends its thanks and appreciation to Professor Robert S. Chang of the Fred T. Korematsu Center for Law and Equality, the entire legal team at Foley Hoag LLP, and the NAPABA Amicus Committee, chaired by Radha Pathak and Albert Giang, for their work and leadership.

Contact: Rahat N. Babar, Deputy Executive Director for Policy

NAPABA, APABA-SF, and GOAABA Celebrate the Repeal of the Alien Land Law from Florida’s Constitution

The National Asian Pacific American Bar Association (NAPABA), the Asian Pacific American Bar Association of South Florida (APABA-SF), and the Greater Orlando Asian American Bar Association (GOAABA) celebrate the repeal of the anti-immigrant “Alien Land Law” from Florida’s Constitution. On Election Day, Tuesday, November 6, 2018, Florida voters passed an amendment to repeal the Alien Land Law from their state Constitution. Florida added the provision to its Constitution in the 1920s, as part of an anti-Asian and anti-immigrant sentiment that legally prohibited aliens from holding real estate and real property in Florida.

“Thanks to the efforts of APABA-South Florida, GOAABA, and NAPABA, the discriminatory language of the Alien Land Law will be removed from Florida’s Constitution,” said NAPABA President Daniel Sakaguchi. “This amendment was long overdue. The Alien Land Law enshrined the second-class treatment of immigrants and Asian Pacific Americans under the law. We applaud Florida voters for repealing this vestige of discrimination and anti-immigrant sentiment from their state Constitution.”

“APABA of South Florida is proud that Florida’s voters took to the polls to repeal the Alien Land Law from the state Constitution,” said APABA-SF President Benjamin W. Dowers. “APABA of South Florida thanks NAPABA and GOAABA for working arm-in-arm in collaborating with the Florida Constitutional Revision Commission, educating voters through events and information, and reminding people that voting matters. We look forward to working with NAPABA and GOAABA to further social equality in Florida and all other states.”