Banning Chinese from buying land has a racist past

Jan. 24, Leo Yu,  clinical professor of legal writing, advocacy and research at the SMU Dallas Dedman School of Law, for a piece critical of the proposed SB 147 in Texas, legislation that would ban Chinese (and other) immigrants from owning real property in the state. Published in the Houston Chronicle under the heading Banning Chinese from buying land has a racist past: https://tinyurl.com/4u6sb48s

Last week, I received an urgent email from Dr. Daniel Lee, my colleague from SMU’s biology department. Lee asked me if I was aware that Texas is to ban Chinese immigrants from owning real properties in Texas. Lee, a permanent resident with Chinese citizenship, came to Texas three years ago after finishing his postdoc at Stanford Medical School. He likes Texas for its friendly, warm ambiance. Now, he is questioning his decision.

Lee’s concern is legitimate. Last November, Texas Sen. Lois W. Kolkhorst, R-Brenhan, introduced SB 147, a bill prohibiting entities and citizens of four countries from owning real properties in Texas: China, North Korea, Iran and Russia. Last week, Gov. Greg Abbott tweeted that he would sign this bill into law because it follows a law he signed “banning those countries from threatening our infrastructure.”

By Leo Yu

The bill does not provide any exception for foreign citizens who live in Texas with a valid visa or green card (permanent resident), although Kolkhorst signaled last week that there might be an exception made for green card holders in the future.

Banning immigrants, especially Asians, from land ownership is nothing new in America. California enacted the Alien Land Law in 1913, restricting land ownership to “aliens eligible to citizenship,” which was an intentional effort to preclude Asians from owning properties. The Alien Land Law responded to the anti-Asian sentiment in the 1800s and 1900s, rooted in white supremacy and orientalism. Asians were perceived as perpetually foreign, unable to assimilate culturally to white society, and as an economic threat to white laborers. Eventually, 15 states, including Texas, adopted similar laws that banned Asian immigrants from owning real properties.

There is no meaningful distinction between SB 147 and the Alien Land Law, as SB 147 expressly bans property ownership by immigrants, mostly Asians. The national security concern, in this case, only serves as a disguise.

National security is a legitimate concern; however, SB 147 has nothing to do with national security. In 2021, Abbott signed the Lone Star Infrastructure Protection Act, prohibiting contractors from China, Iran, North Korea and Russia from participating in infrastructure projects. SB 147, however, does not differentiate any type of lands. Once passed, individuals from the four countries will not be able to purchase any land in Texas – from a townhouse in Dallas, to a bakery in Laredo. Meanwhile, the largest oil refinery in Texas is still owned by Saudi Arabia, but Saudi Arabia is nowhere to be found in any of those laws.

A poll conducted by Defend Texas Liberty PAC reveals the true motive of SB 147. This is about China. Some 82 percent of Republican voters in Texas want to see the Texas government prohibit the Chinese government or Chinese citizens from purchasing land in Texas. Jonathan Stickland, the leader of this PAC, said that he was excited to see the result, because “There is no reason that the Chinese should own a single acre of Texas land.”

SB 147 is simply a manifestation of the Texas GOP’s anti-China xenophobia. To many voters, this is about “us” versus China. China is the enemy; therefore, the Chinese must also be bad, as they are all potential agents of the Chinese Communist Party (CCP). They will never become us. Unlike us, who are capable of differentiating ourselves from our government or political party, the Chinese simply cannot. Once Chinese, always Chinese, always CCP.

The root of anti-China sentiment is complex, as it is intertwined with orientalism, just as it was in 1913, but also justified by legitimate concerns over China’s aggression today. Nevertheless, a blind attack on China and the Chinese as a whole is not the answer to legitimate concerns. All it does is amplify racism toward the Chinese, citizens and noncitizens alike. The most recent lesson is the failed China Initiative of Trump’s Justice Department. Few defendants under this initiative were found engaged in espionage. A lot of them, including prominent STEM scholars, became victims of racial profiling. The China Initiative created irreparable harm to the American science academy.

It is also worth noting that the judiciary rarely comes to the rescue in this situation. Despite the 14th Amendment protecting property rights for citizens and anybody “subject to the jurisdiction thereof,” the Alien Land Law survived many constitutional challenges in the U.S. Supreme Court from 1923 to 1948. In fact, the court never held that it was unconstitutional in its entirety. The theme of the rulings was based on one simple concept: state’s rights.

Today, we have a Supreme Court that produces more conservative decisions than at any time since 1931. The Roe debacle showcases the court’s support of state rights, despite state law’s discriminatory nature. If American women cannot win in the Supreme Court, Asian immigrants’ chances will be close to zero.

Asians need to speak up against SB 147 to the public, civil rights groups and to their elected officials. SB 147 barely got any news coverage at its introduction, which vividly demonstrates how invisible Asians are in American politics.

SB 147 is not just about Asians. The bill is detrimental to Texas’ future. Texas is an international research hub with many talents from all over the world. Once SB 147 is passed, many foreign scholars and researchers, like my colleague Lee, will have no choice but to leave. In the future, Texas research institutes will have difficulty recruiting international talents.

If you are an Asian American and think SB 147 has nothing to do with you, then let me remind you something. Citizenship did not save the Japanese from massive incarceration during WWII; it did not exempt American Muslims from governmental surveillance after 9/11; and it did not prevent Asian Americans from being the targets of hate crimes during COVID.

Racism is not that sophisticated. It is based on the simple fact that you look different, and act differently. In this sense, circumstances are the same as in 1913: you still look different, you still act differently, and to make it worse, you are doing just a bit too well. That is all it takes.

The name Daniel Lee is a pseudonym. Leo Yu is a clinical professor of legal writing, advocacy and research at the SMU Dedman School of Law in Dallas, Texas.