Hundreds push back against bill prohibiting foreign nationals from buying property in Ohio
Hongmei Li speaking at a press conference in opposition to SB 88. (Photo by Nick Evans, Ohio Capital Journal)
An Ohio Senate committee heard from opponents Tuesday of a measure placing restrictions on foreign ownership of land. The sponsors argue keeping foreign governments — particularly China — at least 25 miles from military installations and critical infrastructure is a matter of national security.
But opponents contend the bill casts too broad a net, wrapping in ordinary people who have visas or are working their way through the immigration process.
They add the bill violates several constitutional and statutory provisions. More to the point, they argue it would codify racism and xenophobia.
The proposal finds its roots in a measure proposed during the last general assembly which found its way into the last state operating budget.
Gov. Mike DeWine left a prohibition on foreign ownership of farmland to remain in place that budget cycle, but he vetoed the provision restricting ownership within 25 miles of military bases.
'Restricting ownership of Ohio farmland protects Ohio's rich agricultural tradition from adverse interests,' DeWine said in his veto message. 'However, including other non-agricultural real property in this provision could have unintended economic development consequences.'
The sponsors of House Bill 1 and Senate Bill 88 are taking another crack at that idea, and they've expanded their scope to include 'critical infrastructure' like power, water, and transportation facilities. The list is broad enough, Sen. Terry Johnson, R-McDermott, acknowledged, to 'effectively blanket the entirety of the state of Ohio.'
Under the bills, the Ohio Secretary of State would develop a list of entities barred from owning property in the state and update it at least every six months.
For countries identified as 'foreign adversaries,' their government, citizens, and businesses would face ownership restrictions automatically.
'I introduced this bill,' Johnson said, 'because I strongly believe that Ohio's land should not be for sale to those who seek to destroy the American way of life.'
He added that while his bill is very similar to the Ohio House version, he takes 'a hardline stance' against existing owners. Senate Bill 88 wouldn't just prohibit purchases in the future, it would require any current owners subject to the restrictions to sell their land within two years.
But at the beginning of Tuesday's hearing, the committee adopted an amendment eliminating the forced-sale provisions in the bill.
At a press conference Tuesday morning, state lawmakers and grassroots organizers criticized the legislation as 'a symbol for hate' and 'legalized discrimination.'
'These bills represent a step backwards into the darker history of racism in America, rather than progress toward justice and inclusion,' Hongmei Li from the Ohio Chinese American Council argued.
She said the proposal hearkens back to legislation like the Chinese Exclusion Act, which restricted immigration and naturalization, and the internment of Japanese Americans during World War II.
Li added the measure seems to violate the Fifth Amendment and the 14th Amendment of the U.S. Constitution, and the Fair Housing Act of 1968.
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What's more, she argued, 'there are multiple existing federal laws that already address legitimate threats without resorting to racial profiling and discrimination.'
At Tuesday's committee hearing, more than 100 opponents showed up in person, filling the seats, lining the walls two rows deep, and spilling into the hallway.
The committee had to organize an overflow room to accommodate the spectators. More than 230 people submitted testimony against the bill.
Xu Lu, a college professor from Findlay and a U.S. citizen, acknowledged the bill would not target him directly, but he wanted to testify against it because it is 'simply a wrong bill.' He insisted the measure is unethical.
'Imagine somebody who risked their life, escaped North Korea and ended up in Ohio,' he offered. 'This bill will tell them they do not belong here.'
Caixia Jin is also a U.S. citizen and explained she works for an automotive company assisting foreign workers through the visa and green card process.
'They stand shoulder-to-shoulder with American citizens,' Jin said. 'Many of them are immigrants or the descendants of immigrants themselves as well.'
ACLU Chief Lobbyist Gary Daniels emphasized that a less restrictive law in Florida has already been placed on hold, and promised lawsuits would be filed quickly if lawmakers pass the bill.
But he argued lawmakers shouldn't reject the proposal over litigation, they should abandon it 'because it is fundamentally wrong, it is profoundly unfair, and it is fueled by racial animus.'
Daniels described reading hundreds of bills and attending thousands of hours of committee hearings.
'I struggle to come up with a bill that has so much hostility against race and nationality as this particular bill — not even close,' he said.
Fourteen-year-old Melody Miao is an Oxford resident, and she'll be a junior in high school this fall.
'Ohio is the only place I've ever called home,' she told the committee.
'I grew up here, went to school here, learned the Pledge of Allegiance by heart, memorized the Bill of Rights, and watched fireworks every July 4,' Miao said. 'Still, I've lived my entire life, fearing that no matter how much I loved my country, I wasn't American enough.'
'I can't help but wonder,' she said, 'how are we so blind to the foundations of our nation crumbling right beneath our feet?'
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