MEDIA ADVISORY AND CONGRESSIONAL ALERT

Congressman Al Green and Congresswoman Judy Chu Introduce Legislation to Preempt Discriminatory State Property Laws in Texas and Across the U.S.

(Washington, D.C.) — On Thursday, May 25, 2023, Congressman Al Green and Congresswoman Judy Chu introduced the Preemption of Real Property Discrimination Act, a bill that would preempt state laws that prohibit individual citizens from other countries from purchasing land and other real property.

State laws throughout the United States place restrictions on the acquisition or possession of real property by foreign governments or entities. These laws are driven by concerns about national security or commercial influence. However, recent legislation introduced in states such as Texas and South Carolina, among others, include a flat prohibition on the purchase or acquisition of real property by the individual citizens of foreign nations. Often, the individuals targeted by these laws are citizens of Russia, North Korea, Iran, and China.

Congressman Green stated, “While these countries may be competitors or adversaries of the U.S., such provisions unnecessarily vilify persons lawfully within our country and exacerbate already heightened hostility toward ethnic minorities, in particular persons of Asian descent. By refusing individuals from these countries basic property rights, these bills take an unacceptable step toward xenophobia, nationalism, and discrimination. Moreover, these laws can be a slippery slope toward future and greater invidious discrimination against other groups.

 “I would like to thank Congresswoman Judy Chu, who is Chair of the Congressional Asian Pacific American Caucus, for co-leading on this legislation with me. Her support of this bill and her leadership in the United States Congress are invaluable,” stated Congressman Green.

 “Buying real property – whether that’s a new house to call home or a commercial property to run a business in – is a critical step for immigrant families, students, and refugees to pursue the American Dream,” said Chair Chu. “Unfortunately, lawmakers in Florida and state legislatures across the country are seeking to prohibit this right for nationals from the People’s Republic of China, Iran, North Korea and other countries and implement a property-owning regime where Asian Americans and people of Asian descent will face undue suspicion and potential racial profiling by realtors, lenders, and others in the real estate industry. While there are specific, legitimate threats that these foreign governments and their state-owned enterprises pose to our national security, banning individuals from purchasing land or properties because of their citizenship, national origin, race, ethnicity, or immigration status is a flagrant assault on their civil rights and unconstitutional.

 "We cannot repeat these shameful chapters of our past,” concluded Chair Chu. “That is why Congressman Green and I are introducing the Preemption of Real Property Discrimination Act of 2023, so that state laws that discriminate against individuals based on their citizenship and encourage racial profiling will be preempted at the federal level. We must ensure that we allow everyone here a fair shot at building a life and achieving their American dream.”

Therefore, the Preemption of Real Property Discrimination Act would preempt at the federal level state laws that seek to deny foreign citizens the right to acquire real property in the United States. The full text is available here.