Good.
A pair of Chinese citizens asked a federal judge to block a new law banning Chinese nationals and people from a select number of other countries from buying or leasing property in Texas.
In a lawsuit filed July 3, Peng Wang and Qinlin Li, two Chinese citizens currently in the United States with visas, called Senate Bill 17 unconstitutional and racist.
The law bars noncitizens from China, Iran, Russia and North Korea from owning land in Texas. During the recent legislative session, the law’s supporters argued it would protect the state against spying and the influence of hostile countries.
U.S. District Judge Charles Eskridge indicated he plans to rule on the group’s injunction before it goes into effect Sept. 1.
The suit argues that the law discriminates against Chinese people based on race and ethnicity. The plaintiffs argue that the law’s threat of punishment creates fear of finding housing while living legally in Texas.
“Chinese people in this state of Texas will be terrified of so much as renting a place to live, because if it turns out this law does apply to them. It is a state jail felony, and they can end up in jail for up to two years,” said Justin Sadowsky, the lead counsel for the Chinese American Legal Defense Alliance, the group representing Wang and Li.
The lawsuit also argues the new law is preempted by federal processes that review real estate purchases that could affect national security.
Wang, one of the plaintiffs, has lived in Texas for 16 years and is pursuing a Master of Divinity degree at a seminary in Fort Worth, according to the lawsuit. Wang argued that he might be forced to leave the country if he’s not allowed to lease housing. Along with homeownership, the law bans Chinese citizens from entering long-term leases lasting more than a year. Wang argues most of the homes where he lives are leased for a year or more.
The other plaintiff, Li, is a recent engineering graduate from Texas A&M who already works for a private company designing wastewater treatment plants. She plans to obtain a work visa to remain in the United States, according to the complaint.
“Ms. Li would ultimately like to purchase a home because property ownership is the only way to ensure that homes are well maintained,” attorneys wrote. “But because her career will likely require her to spend time at multiple cities in Texas, she would like to buy a home at more than one location— which SB 17 prohibits.”
[…]
Eskridge in July denied a request for a preliminary injunction. This week he set arguments for Aug. 14.
The plaintiffs are seeking to turn their complaint into a class-action lawsuit representing all non-citizens targeted by SB 17.
I didn’t follow this legislation this year, mostly because I try to follow the Lege less closely, for sanity reasons. Here’s a press release that was sent out by Asian Texans for Justice upon SB17’s passage if you want to know a little more. As this story notes, a similar bill failed to pass in 2023. Multiple other states have bans similar to the one just passed, though this one seems excessive even by those standards to me. I would hope that it could be struck down on the grounds of being too broad. Not sure if the denial of the initial request for a preliminary injunction is a bad sign. We’ll know soon enough.