Written by Stephen Khan Executive Editor, The Conversation International
Homelessness is on the rise in the United States, and in some places, it is becoming increasingly common for police to arrest someone for sleeping or living in a public place.
In June 2024, the Supreme Court issued a ruling in the case Grants Pass v. Johnson, which states that it is constitutional to issue summonses or arrest homeless people, even when no shelter is available.
This decision overturned previous federal appeals court decisions in 2019 and 2022, which ruled that cities cannot enforce anti-camping laws on homeless people if there are not enough shelter spaces for them.
The Supreme Court also ruled that the Eighth Amendment's prohibition on "cruel and unusual punishment" does not protect the homeless from laws that criminalize resting in public places.
As someone who has spent over ten years researching homelessness and talking to homeless communities, I have seen firsthand how implementing such laws imposes unavoidable hardships on the homeless and makes it more difficult to find permanent housing.
Increase in repressive measures against the homeless
In 2024, an estimated 771.480 people in the US experienced homelessness in a single night – the highest number ever recorded.
As of June 2024, nearly 220 local measures have been approved, restricting or prohibiting actions such as sleeping, sitting, or begging in public places, in cities such as Phoenix, Gainesville (Florida), and Reno (Nevada).
The rate of “unsheltered” homelessness – that is, people sleeping in places unsuitable for human rest, such as parks or cars – is the highest in California.
Following the Supreme Court's decision, California Governor Gavin Newsom issued an executive order in July 2024 calling on state agencies to adopt new policies for the removal of homeless encampments.
More than two dozen cities and towns in California have adopted or are considering adopting broad bans on homeless encampments.
Not everyone agreed with this approach, which some say “criminalizes” homelessness. Los Angeles Mayor Karen Bass called the criminalization of homelessness “backward” in June 2024.
However, many cities are more aggressively enforcing new and old bans on homeless encampments, despite evidence that these practices are not solving the problem.
The consequences of aggressive implementation
Research shows that arresting a homeless person for sitting, resting, or sleeping in a public place does not reduce homelessness.
Instead, camp “clearances” and camping bans simply move people from one place to another, destroying their personal belongings – such as IDs, medications, and sleeping gear.
This approach wastes public resources by paying crews to throw away items instead of investing the money in housing solutions, such as creating affordable housing.
Slum clearances have also been linked to a deterioration in the health of the homeless, increasing hospitalizations and even deaths, especially among those dependent on substances.
Example of aggressive policy: San Francisco
In San Francisco, where a large number of homeless people live, enforcement of the bans has become more aggressive in the last year.
A few weeks after the Supreme Court ruling, then-Mayor London Breed promised to be “very aggressive” in removing homeless encampments and declared that “creating more housing” would not solve the crisis.
Data shows that in the 12 months following the ruling, San Francisco police arrested more than 1.000 homeless people for living in a public place, compared to just 111 arrests the previous year.
In 2024, the city recorded approximately 8.300 homeless residents.
A June 2025 survey of 150 homeless people found that 10% had recently been arrested for “illegal lodging” and 6% for trespassing. 54% had been forced to leave a public place at least once in the past year.
Softer approach: Portland
Portland, Oregon, imposed a daytime camping ban in July 2024, but there have been only 11 arrests for related violations in a year.
Other homeless people have been summoned for trespassing. In a 2025 survey, 68% said they had been forced to leave a public place, while 13% had been summoned for camping in a prohibited area.
Perspectives
The Supreme Court decision did not force cities to criminalize homelessness, but it gave them the "green light" to do so.
The impact of the decision was amplified by President Donald Trump's executive order on July 24, 2025, which ended federal support for the "Housing First" policy and promoted the forced institutionalization of homeless people with mental illnesses.
Experience and evidence show that criminalizing homelessness deepens poverty, increases displacement, and diverts resources from the only real solution: stable and affordable housing.
Stephen Przybylinski
Assistant Professor of Geography, Michigan State University
United States President Donald Trump is promising new measures to tackle homelessness and crime in Washington, sparking concern from the city's mayor about the possible use of the National Guard to patrol the streets of the capital.
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A person walks past a homeless encampment in the Skid Row community in Los Angeles in June 2024. Mario Tama/Getty Images
