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Judge Charles Robert Eskridge III, a United States district judge for the United States District Court for the Southern District of Texas, has dismissed challenges to a law barring Communist Chinese citizens from land ownership in the Lone Star State.
The law, SB17, was signed by Texas Governor Greg Abbott in June and will become effective on September 1. It prohibits real estate acquisition by people, businesses, and government agencies from nations that are tagged as a threat to the US such as Communist China, Iran, North Korea, and Russia. The law provides for further additions to the list.
At the time of signing Gov. Abbott said, “This is the toughest ban in America on preventing the sale of our land to individuals and companies from China, Iran, North Korea, and Russia.” And the danger is very real, as CCP agents buy up land near U.S. military bases.
For citizens of Red China, the restriction is especially severe. While students or workers on visas are still free to purchase their principal residence, they are prohibited from acquiring holiday homes or investment properties. Leasing too is restricted, with lease contracts limited to terms shorter than one year.
Texas has the largest amount of Communist Chinese-owned land in the country, with approximately 50,000 hectares almost half of all Communist Chinese-owned land in the US as reported by the Agriculture Department. Supporters of the law say it is needed to avert foreign control and spying, noting allegations over Red Chinese-owned land close to military installations.
A congressional report shows 22 states have passed similar bans. Sen. Josh Hawley and Rep. Mary Miller are pushing to take this nationwide.
The Chinese American Legal Defense Alliance, an alleged Communist Chinese front organization, filed the suit on behalf of three Communist Chinese nationals who said the law discriminates against them.
Wang and Li are Communist Chinese citizens in the U.S. on nonimmigrant visas while pursuing higher education. They said the law could prevent them from securing long-term housing because of their nationality or would lead to them being discriminated against by landlords who fear running afoul of law enforcement by renting properties to people from other countries.
The Texas Attorney General’s office successfully argued the law which takes effect September 1 does not discriminate and that the court has no jurisdiction over police powers “for the protection of Texans from the governments of countries that intend to do those citizens harm.”
Brian Ingram, a lawyer for the attorney general’s office, said the law isn’t meant to apply to people like Wang and Li who have permission to be in the U.S. The law is meant to apply only to “adverse governments and their agents.”
“It prohibits individuals who are domiciled in China, Russia, Iran and North Korea from purchasing property in Texas,” Ingram said. “It does not apply to persons from those countries who are domiciled in Texas.”
Ingram said there were carve outs in the law that allow people in Wang and Li’s position to buy and rent property.
Judge Eskridge, from the bench, said he would deny class certification to Wang and Li, dealing a potentially fatal early blow to the lawsuit. However, Eskridge said he anticipated that his ruling would be appealed to the 5th U.S. Circuit Court of Appeals in New Orleans, leaving open the chance that the new law could be blocked by the court.
- Donald Trump
- Judge Charles Robert Eskridge III
- Chinese land purchases
- South District of Texas
- Texas Governor Greg Abbott
- Chinese Land purchase ban
- Iran
- North Korea
- Russia
- US military bases
- Agriculture Department
- Sen. Josh Hawley
- Rep. Mary Miller
- Discrimination
- Chinese American Legal Defense Alliance
- 5th U.S. Circuit Court of Appeals
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