Key Takeaways
- A new bill aims to protect individuals experiencing homelessness from criminalization for essential activities.
- The Housing Not Handcuffs Act of 2025 was introduced in response to a Supreme Court ruling that allowed local ordinances targeting homeless encampments.
- Studies indicate that cities enforcing anti-homeless laws do not see a decline in homelessness and may exacerbate the issue.
Proposed Legislation to Support the Homeless
The Housing Not Handcuffs Act of 2025 was introduced in June by Representatives Pramila Jayapal (D-Wash.) and Maxwell Frost (D-Fla.) to safeguard individuals experiencing homelessness. The bill seeks to prevent federal agencies from arresting, ticketing, or penalizing homeless individuals for performing life-sustaining activities, which include soliciting donations or occupying legally parked vehicles on public lands.
This initiative comes in light of the Supreme Court’s decision in Johnson v. Grants Pass, which enabled cities across the U.S. to enforce laws that criminalize homelessness. According to Jayapal, such measures only exacerbate the problem by creating additional barriers to housing for those already facing severe shortages. She emphasized the illogical nature of fining people who cannot afford basic necessities, stating it leads to prolonged homelessness.
Since the Grants Pass ruling, over 320 local ordinances have been proposed to criminalize homelessness, and around 220 of those have been enacted, as reported by the American Civil Liberties Union. The rising number of criminalization efforts coincides with a significant increase in homelessness across various demographics in the U.S., attributed largely to a critical lack of affordable housing.
California Governor Gavin Newsom, whose state has the highest number of unhoused individuals, recently urged cities to enact stricter measures against homeless encampments. He stated, “There’s nothing compassionate about letting people die on the streets,” indicating a push for action against visible homelessness.
The previous Trump administration reinforced this agenda by issuing an executive order intended to “remove vagrant individuals from our streets,” directing federal support toward localities that adopt strict anti-homeless laws. However, Jayapal and Frost argue that this approach perpetuates a destructive cycle. Frost voiced concerns that such policies not only fail to address homelessness but also dehumanize those affected, leaving them with criminal records that hinder their chances of securing stable housing.
Supporting this viewpoint, a recent study published in the Policy Studies Journal concluded that municipalities that implemented laws against homelessness did not see any significant reduction in homelessness rates over time. The findings highlight that both communities with criminalization ordinances and those without faced similar trends in homelessness, suggesting that these legal measures add financial burdens without yielding positive results.
This growing emphasis on criminalization raises questions about the effectiveness of current strategies to combat homelessness and the ethical implications of such policies. The Housing Not Handcuffs Act of 2025 represents a legislative attempt to chart a different course by prioritizing the dignity and well-being of individuals experiencing homelessness while addressing the deep-rooted issues contributing to the crisis.
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