Statement in Response to Eleventh Circuit Decision Upholding Florida’s Discriminatory Alien Land Law

For Immediate Release: 
Date: November 25, 2025 

Contact:
Rahat Babar, Deputy Executive Director

NAPABA, APABA South Florida, and APABA-TB Statement in Response to Eleventh Circuit Decision Upholding Florida’s Discriminatory Alien Land Law

WASHINGTON - This month, in a 2-1 decision, the U.S. Court of Appeals for the Eleventh Circuit allowed a Florida law that imposes discriminatory housing restrictions to remain in effect while litigation continues.  

The law, SB 264, prohibits individuals who are not U.S. citizens or permanent residents and who are “domiciled” in China from purchasing property. The ban also applies to those from certain other countries, but it imposes greater penalties on Chinese buyers compared to others. In finding that none of the plaintiffs had standing to challenge the purchase restriction of the law, the court did confirm that SB 264’s restrictions did not apply to immigrants from China who reside in Florida and intend to remain in Florida indefinitely. But as to the plaintiffs who had standing with regard to the registration requirement and the affidavit requirement, the court upheld the requirement that certain property owners “domiciled in China” register their property with the state, and that anyone who buys property must attest in an affidavit that the purchase complies with SB 264.

While the National Asian Pacific American Bar Association (NAPABA), the Asian Pacific American Bar Association of South Florida (APABA South Florida), and the Asian Pacific American Bar Association of Tampa Bay (APABA-TB) welcome the court’s clarification that SB 264 does not apply to Chinese immigrants who live and intend to remain in Florida indefinitely, we are disappointed that the court left the law intact. As we have argued both in the district court and in the Eleventh Circuit, alien land laws like SB 264 are “stains on American history” and have “historically and consistently been struck down as invidiously discriminatory.” They promote discrimination against Asian American, Native Hawaiian, and Pacific Islander communities and endanger these populations under the guise of national security concerns without evidence of actual malign conduct.

Further, we remain concerned about the court's reliance on the outdated and widely discredited decision in Terrace v. Thompson, 263 U.S. 197 (1923), which upheld Washington State’s alien land law that barred Asian immigrants from owning land. The U.S. Supreme Court cited the congressional ban on naturalization of Asian immigrants at the time as a "reasonable" justification to bar purchases of property. Terrace was wrongly decided in 1923, and it is still wrong today.

Despite this setback, our advocacy will continue. For over a decade, NAPABA and its affiliates, like APABA South Florida and APABA-TB, have led efforts to overcome Florida’s legacy of anti-Asian alien land laws. This includes when Florida became the last state in the United States over seven years ago to abolish such discriminatory language from its constitution, only to enact SB 264 in 2023. 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.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of more than 80,000 Asian Pacific American (APA) attorneys, judges, law professors, and law students, as well as over 90 national, state, and local APA bar associations. Founded in 1988, NAPABA promotes justice, equity, and opportunity for APA legal professionals and Asian American, Native Hawaiian, and Pacific Islander communities.  We foster professional development, advocacy, and community involvement.