In recent years, a wave of legislation has swept across several US states, implementing restrictions that prevent green card holders from purchasing land.
This surprising trend has sparked heated debates among lawmakers, property owners, and prospective buyers alike.
While some argue that these measures are a necessary step towards protecting local interests and preserving community integrity, others see them as a troubling sign of discrimination and exclusion.
As national conversations on immigration and property rights evolve, it’s crucial to understand the implications of these bans and what they mean for green card holders and the real estate market
Why Some US States Are Banning Green Card Holders from Buying Land
Several U.S. states have recently passed or proposed laws restricting land ownership by foreign nationals — including, in some cases, legal permanent residents (green card holders).
These measures are largely framed around national security, economic protection, and geopolitical concerns, especially relating to adversarial foreign governments.
States That Have Enacted or Proposed Such Bans
1. Florida
- Law Passed: 2023 (SB 264)
- Restrictions: Prohibits land ownership by nationals from “foreign countries of concern” (including China, Russia, Iran, North Korea, Venezuela, and Cuba), especially near military bases or critical infrastructure.
- Includes Green Card Holders: Yes, if they are citizens of listed countries, even if they are legal permanent residents.
- Legal Challenges: Ongoing lawsuits argue the law is unconstitutional and discriminatory.
2. Texas
- Law Passed: SB 147 (2023, modified from its original version)
- Restrictions: Originally targeted land purchases by Chinese, Russian, Iranian, and North Korean nationals.
- Final Law: Does not explicitly ban green card holders, but critics remain concerned about racial profiling and overreach.
3. Ohio (Proposed)
- Proposed Bill (2025): Would restrict property ownership by foreign nationals and some green card holders near sensitive sites.
- Details: Still under legislative consideration. Mirrors Florida’s approach by focusing on countries considered adversarial.
- Controversial Element: Explicitly includes green card holders from affected countries.
4. Montana, Alabama, North Dakota, and Arkansas
- Legislation Passed or Under Consideration: Similar bans targeting foreign adversary governments.
- Inclusion of Green Card Holders: Varies by state; most focus on non-resident foreign nationals or foreign entities.
- Legal & Constitutional Concerns
These laws raise serious constitutional and legal questions:
Equal Protection Clause (14th Amendment): May be violated by discriminating based on nationality.
- Preemption by Federal Law: Immigration and foreign policy are federal domains, so states may be overstepping.
- Discrimination Lawsuits: Groups such as the ACLU and Asian-American advocacy organizations have filed lawsuits, especially in Florida.
Broader Trend
- As of 2025, over 28 states have introduced similar legislation, mostly targeting property near military bases, farmland, or critical infrastructure.
- Foreign direct investment in U.S. real estate — including from legal permanent residents — could be significantly affected if these laws spread.
