All about Ohio bill seeking to restrict property rights of Green Card holders | Explained News

A growing trend

The Permanent Residency Card, more commonly known as the Green Card, gives holders the right to permanently live and work in the United States. As such, Green Card holders enjoy the same property rights as US citizens.

But growing national security and economic concerns have prompted both federal and state lawmakers to scrutinise the ownership of American land by non-citizens.

Between January 2023 and July 2024, at least 22 states enacted legislation restricting or regulating the purchase of agricultural land, critical infrastructure, and in some cases, residential or commercial property by foreign nationals, entities, or governments, said Sukanya Raman, country head, India of US-based immigration firm Davies & Associates LLC.

Broader in scope

The Republican-sponsored House Bill 1 and Senate Bill 88 in Ohio propose a 25-mile (roughly 40 km) restriction zone around military bases, power stations, water treatment plants, gas pipelines, and transport facilities. This list is broad enough to “effectively blanket the entirety of the state of Ohio,” one Republican senator told local media.

The Bills are also broader in scope than similar legislation enacted in states like Florida, Texas, Montana, and Utah. These states’ laws have targeted designated “foreign adversary” nations such as China, Iran, Russia, or North Korea, unlike the Ohio Bills which propose restrictions on all Green Card Holders, regardless of their country of origin.

That said, provisions in previous drafts of the Bills requiring existing landowners from “foreign adversary” countries to sell their property within two years have now been dropped.

Legal challenge likely

The Ohio Bills are still in their early stages, and could change significantly as they are put to vote in the state legislature over the coming months. But if passed in their current, maximalist form, they would restrict land ownership by all non-citizens, including legal permanent residents.

This would be unprecedented in the US. To date, no federal law prohibits Indian Green Card holders from purchasing or owning land in the country. Under the Equal Protection Clause of the 14th Amendment, Green Card holders are entitled to due process and equal protection under the law.

Any law or policy that discriminates against them based solely on immigration status may face constitutional challenges and be struck down, Raman says.