Cities Criminalizing Homelessness: A Punitive Shift

In-Depth Analysis

In June 2024, the Supreme Court's Grants Pass v. Johnson ruling reversed previous federal appeals court decisions, allowing cities to enforce anti-camping laws even when shelter beds are unavailable. This has led to a rise in punitive measures against homelessness across the United States.

Since the ruling, almost 220 local measures have passed restricting sleeping, sitting, or panhandling in public. California, with the highest rate of unsheltered homelessness, has seen numerous cities adopting sweeping bans on homeless encampments following an executive order from Gov. Gavin Newsom.

San Francisco, for example, has significantly increased arrests of homeless individuals for living in public spaces. In the year since the Supreme Court ruling, San Francisco police have arrested over 1,000 homeless people for illegal lodging, a scale of enforcement rarely seen in the city’s past. Other cities, like Portland, Oregon, have taken slightly different approaches, with fewer arrests but still significant displacement of homeless populations.

President Donald Trump’s July 2025 executive order ended federal support for Housing First approaches, which prioritize providing housing before other help. This shift towards involuntary commitment to mental health institutions raises concerns among advocates who argue that it will further criminalize homelessness.

The Cicero Institute advocates for involuntary commitment and criticizes Housing First policies, promoting model legislation to encourage states to criminalize homelessness. This approach has seen some success in states like Kentucky, but has been defeated in others due to concerns about the burden on law enforcement and community services.

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FAQ

What is the Housing First approach?

Housing First is a policy that prioritizes providing homeless individuals with housing, before addressing other needs such as mental health or addiction treatment.

What are some alternatives to criminalizing homelessness?

Alternatives include investing in affordable housing, providing mental health and addiction services, and supporting Housing First initiatives.

Takeaways

Punitive measures against homelessness are on the rise due to recent court decisions and policy changes.
These measures often deepen poverty, increase displacement, and divert resources from effective solutions like affordable housing.
Advocates are concerned about the shift towards involuntary commitment and away from Housing First policies.
The criminalization of homelessness may disproportionately affect formerly incarcerated individuals.

Discussion

Do you think these punitive measures will solve the homelessness crisis? Let us know your thoughts!

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Sources

San Francisco Has Embraced a New Tool to Clear Homeless Camps San Francisco and other cities, following a Supreme Court ruling, are arresting more homeless people for living on the streets When Sleeping Is a Crime

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