National Security or National Origin? The Implications of Florida’s Alien Land Law Under the Federal Fair Housing Act
Document Type
Article
Publication Date
2023
Abstract
Florida Governor Ron DeSantis signed House Bill 1355 and its companion Senate Bill 264 into law on May 8, 2023. This so-called New Alien Land Law restricts the land and property ownership of seven “countries of concern,” including China, Russia, Iran, North Korea, Syria, Venezuela, and Cuba. Similar legislation has been introduced in California, New York, Texas, Louisiana, South Carolina, and Alabama, among other states. Despite the Act’s guise to safeguard our national security interests, the Act’s implementation and enforcement will not only be inherently discriminatory, but will also reverse decades of progress made in fair housing within the United States. Through the codification of the Act, DeSantis propagated the erroneous idea that nationality is indicative of a propensity to be a national security threat. This dangerous narrative cultivates an environment of exclusion and marginalization in Florida and throughout the United States.
The primary objective of this Essay is to expose the illegality of the Florida Alien Land Law, and like legislation, under the Federal Fair Housing Act. A critical examination of this legislation is necessary in order to refute the harmful rhetoric perpetuated by its proponents and to discredit the Act’s purported rationale. Through an analysis of the Federal Fair Housing Act, and its protections against national origin housing discrimination, this Essay will examine the discriminatory impact of Florida’s New Alien Land Law. An investigation of the Act’s underlying motives will further evidence the ways in which its provisions will facilitate discrimination, both explicitly and implicitly. Consequently, this Essay illustrates that legislation, such as the Florida New Alien Land Law, is antithetical to the principles espoused by the Fair Housing Act and serves only to cultivate sentiments rooted in fear and xenophobia.
Recommended Citation
Emily T. Behzadi Cárdenas,
National Security or National Origin? The Implications of Florida’s Alien Land Law Under the Federal Fair Housing Act,
75
S.C. L.Rev.
195
(2023).
Available at:
https://scholarlycommons.law.cwsl.edu/fs/436