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According to the National Alliance to End Homelessness, 653,104 people were homeless on a single night in January 2023. That means that well over half a million people had no place to sleep at the end of the day other than a shelter or the streets. Sadly, those numbers are growing, and a stagnant job market combined with a turbulent economy won’t help.

Thanks to new legislation from the Trump administration, it looks like it will no longer be legal for homeless people to take to the streets to sleep. The fact is: It should not be a crime to be homeless.

A 2024 decision by the Supreme Court made it easier for local government and law enforcement officials to keep homeless people off the streets.

USA Today reported that in 2018, the Ninth U.S. Circuit Court of Appeals ruled that officials could not force homeless people to not sleep on the streets because it was considered “cruel and unusual punishment” and therefore unconstitutional. The city of Grants Pass, Oregon, took issue with the ruling and chose to appeal it all the way to the Supreme Court. The Court issued a six-to-three ruling in favor of Grants Pass.

Writing for the majority, Justice Neil Gorsuch said, “The Court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual.” Gorsuch cited the fact that people who were found to be in violation of Grants Pass’ rules the first time only received a “limited fine,” which is not “cruel and unusual.”

Justice Sonia Sotomayor wrote the dissenting opinion and made a fair point in doing so. “Sleep is a biological necessity, not a crime,” she said. “For some people, sleeping outside is their only option. For people with no access to shelter, that punishes them for being homeless. That is unconscionable and unconstitutional.”

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The Supreme Court’s decision paved the way for President Trump’s order that homeless people can be forced off the streets.

According to a separate USA Today report, President Trump signed an order on July 24 that allowed Attorney General Pam Bondi to make it easier for local governments to remove homeless people from the streets and force them into treatment facilities. This move seems to suggest that every homeless person is an addict or struggling with mental health issues, which was apparently confirmed by a statement from White House Press Secretary Karoline Leavitt.

Leavitt said the President is “delivering on his commitment to Make America Safe Again and end homelessness across America. By removing vagrant criminals from our streets and redirecting resources toward substance abuse programs, the Trump Administration will ensure that Americans feel safe in their own communities and that individuals suffering from addiction or mental health struggles are able to get the help they need.”

Again, there is no evidence to suggest that all homeless people are dangerous criminals, addicts, or mentally ill. In fact, most seem to just be people who are going through a hard time and are down on their luck. They could use some help, not forced treatment for nonexistent issues. There was also no indication from the administration where the funds for such an enormous endeavor would come from.

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The Trump administration seems to be perpetuating the lie that if homeless people were given any money, they would spend it on drugs, alcohol, or other nefarious pursuits.

This could not be further from the truth. GoodGoodGood.com’s Meghan Cook reported on a 2024 research initiative in the U.K. to give homeless people money and track how they spent it. The Centre for Homelessness Impact (CFHI) and the Ministry of Housing, Communities and Local Government teamed up to distribute $20.37 million to the homeless to see what they would do with it. Ella Whelan, who led the program at CFHI, said they were pleased with the results.

Timur Weber | Pexels

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According to Whelan, participants used the money to pay off debt or take driving lessons. Some spent money on college courses and associated necessities like laptops. One man used his money to pay for a modest wedding. Over time, others have been able to secure housing and jobs.

This study turned all stigmas and preconceived notions about homelessness on their heads. These participants were responsible with their money and chose to use it wisely. They didn’t squander it away, and they proved that homeless people often just need a little bit of help getting back on their feet to be able to succeed.

Homelessness should not be considered a crime.

The White House titled the order that President Trump signed into law “Ending Crime and Disorder on America’s Streets.” However, it’s unclear exactly what crime homeless people are committing. As Justice Sotomayor pointed out, they are just sleeping, which is a normal human function we all participate in.

Between the President’s new legislation and the Supreme Court’s previous ruling, it seems that the country is coming closer to criminalizing homelessness, which does little to fix the problem. People will still be unhoused and struggling financially. Now they’ll just be punished for it. This is shameful, especially in the land of the free.

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Mary-Faith Martinez is a writer with a bachelor’s degree in English and Journalism who covers news, psychology, lifestyle, and human interest topics.