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Lessons from California's Historical Alien Land Law: Racial Xenophobia and Home Ownership

Abstract

In 2023, Florida enacted a controversial law prohibiting foreigners from purchasing real estate, ostensibly for national-security reasons. However, this legislation disproportionately targets individuals from Asian countries and risks creating a chilling effect on all Asians. Similar laws passed by other states echo this trend, unfortunately mirroring historical patterns of discrimination. The efforts, however, are not the first efforts targeting Asians.

California and other states enacted alien land laws during the first half of the twentieth century. Rooted in deep-seated anti-Asian sentiments and hostilities, particularly directed at Japanese Americans, these laws combined a toxic blend of racism and xenophobia, further marginalizing Asians socially, politically, and economically. While instigated by the anti-Japanese movement, California’s law broadly applied to all aliens ineligible for citizenship -- a category exclusively encompassing Asians.

A direct consequence of California’s law was an extremely low homeownership rate among Asians, far below that of other major racial and ethnic groups from 1910 to 1940. Ownership increased as some Asians found ways to circumvent the unfair law and as the number of U.S.-born Asians grew; nonetheless the rated remained significantly lower than that of non-Hispanic whites (NHW). Even after controlling for income, nativity and other factors, Asians were still several times less likely to own homes compared to NHW in 1940.

While overt anti-Asian sentiment may be less intense today, Asian Americans continue to face discriminatory treatment, as evidenced by the surge in anti-Asian hate crimes during and after the COVID-19 pandemic. This animus often stems from the perception of Asians as perpetual foreigners, exacerbated by rising global tensions with Asian nations. While the current wave of alien land laws may not explicitly target Asians, they have the potential to harm Asian Americans by restricting property ownership rights and fueling anti-Asian rhetoric.

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