Texas, Other States Barring China from Foreign Land Ownership

Texas continues to step into the breech of immigrant affairs. Amid rising US-China tensions, a Republican state senator is proposing to broaden a ban to stop Chinese citizens and companies from buying real estate in Texas — not only agricultural land, but also homes. Texas Governor Greg Abbott announced his support last month: “I will sign it,” he wrote on Twitter.

The bill as currently written would bar Chinese immigrants who have come to work in the tech sector or study at Texas universities from buying a home. It would not affect those who already own such property. A 2021 census survey estimated that about 150,000 foreign-born Chinese are living in Texas, a larger population than any of the other nationalities targeted by the proposed ban.

Proponents of the bill say that it will protect their states from the influence of the Chinese government, which is deemed hostile to US interests. Other states — like Minnesota, Iowa, and Oklahoma — have tried to limit foreign land ownership using regulations that ban or place restrictions on purchases. Those laws do not single out citizens of particular countries, unlike the Texas law. The National Conference of State Legislatures say 11 states are considering related legislation; some of these proposals go beyond China to include other nations presumed to pose security threats, including Russian, Iran,a nd North Korea. Congress has also considered federal legislation to limit foreign governments’ ownership of agricultural lands and that used for forrestry and ranching.

New York Times reporting says that protesters have rallied against the Texas bill in Houston and Dallas, saying that the legislative efforts targeting individuals and not merely foreign corporations could worsen anti-Asian violence. Law professor Stephen Vladeck expressed skepticism on grounds that it could run afoul of equal protection or due process for immigrants already living in the US, such as green card holders. The American Civil Liberties Union of Texas is monitoring the bill’s progress and has said the measure could also run afoul of the federal government’s prerogative to manage relations with other nations, and that it was unconstitutional. 

Concerns are increasing amid recent revelations of possible Chinese spy balloons over agricultural lands, according to PBS.

MHC