Ohio Bills Threaten USA Green Card Land Rights

Ohio Bills Threaten USA Green Card Land Rights

Why in the News?

Ohio lawmakers introduced two Republican-sponsored bills to restrict land ownership by foreign nationals and green card holders near military installations and critical infrastructure. These proposals reflect a growing trend across US states citing national security concerns and foreign influence.

National Security and Legislative Background:

• A green card USA holder, also known as a permanent resident, currently enjoys property rights similar to U.S. citizens, including the ability to purchase land for sale and own both commercial property and residential property. For those wondering what is green card in America, it’s a document that allows foreign nationals to live and work permanently in the United States.
• Rising national security concerns and worries about foreign entities and foreign governments influencing domestic affairs have led lawmakers to scrutinize land ownership by non-citizens.
• From January 2023 to July 2024, 22 U.S. states passed laws regulating foreign land ownership, particularly near agricultural land, water treatment plants, and other critical infrastructure. This trend differs from the India green card system, which doesn’t typically impose such property ownership restrictions on its holders.

Details of the Ohio Bills

• Ohio House Bill 1 and Senate Bill 88 propose a 25-mile restriction zone around military installations, power stations, gas pipelines, and transport facilities.
• These property rights restrictions could potentially blanket the entire state, as per a Republican senator.
• Unlike Florida or Texas, which target specific “foreign adversary nations” (e.g., China, Iran), Ohio’s land purchase regulations apply to all U.S. green card holders, irrespective of origin. This broad application has significant implications for those with a green card USA, potentially limiting their property ownership options across the state.
• Provisions to force foreign nationals to sell existing properties within two years were dropped in the final draft of the proposed Ohio land ownership laws.

Constitutional Challenges and Implications

• If passed, the Bills would mark the first major U.S. law restricting land ownership by legal permanent residents, introducing significant foreign nationals restrictions.
• Under the 14th Amendment’s Equal Protection Clause, a green card holder is entitled to equal treatment and due process.
• Legal experts expect the Bills could face constitutional challenges, potentially being overturned by courts for discrimination based on immigration status.