Trump’s Executive Order: Criminalizing Homelessness and Disability Rights

A recent executive order by the Trump administration, ominously titled “ENDING CRIME AND DISORDER ON AMERICA’S STREETS,” has ignited alarm by deploying a deeply punitive approach to houselessness, substance use, and psychiatric disability. This measure, rather than addressing the systemic roots of homelessness, perpetuates a dangerous and familiar narrative of criminalizing vulnerable populations, signaling a disturbing regression in public policy.

This executive order, in particular, ceases federal support for crucial harm reduction programs and the Housing First model, instead incentivizing states and localities to adopt or expand a law-and-order framework. Such a move allows law enforcement unprecedented access to the medical records of unhoused individuals, further expanding the already pervasive reach of the carceral system into the lives of marginalized communities and exacerbating the challenge of housing criminalization across the nation.

For those tracking historical patterns, the provisions within this executive order echo grim precedents, from the Victorian asylum systems that once confined individuals for life to the chilling “Operation Work-Shy” of Nazi Germany, which targeted “anti-social elements” before escalating to mass murder. These parallels underscore a long-perpetrated social injustice where vulnerable groups are scapegoated and forcibly controlled for the sake of perceived societal order.

The current landscape is further shaped by influential conservative entities like the Koch-funded Cicero Institute, which has championed similar regressive measures, including involuntary psychiatric intervention. Policies such as California’s CARE Act, though seemingly benign, compel individuals with psychiatric disabilities into treatment, creating new pathways to institutionalization and reinforcing the criminalization of mental illness, undermining genuine mental health advocacy efforts.

Beyond this specific directive, the broader context includes a recent Supreme Court ruling that further criminalized houselessness, alongside a substantial budget reconciliation bill. This legislation advances a “death-making” policy, stripping health insurance and food assistance from Americans while simultaneously funneling vast sums into military and immigration enforcement, highlighting a systemic disinvestment in public welfare to fund punitive measures, worsening the homelessness policy landscape.

Yet, the alarm raised by this executive order is not new to those most affected. Mad, disabled, and unhoused people have been warning for years about the escalating criminalization of disability. Their long-standing disability rights advocacy highlights how the weaponization of disability against certain populations serves as a precursor to broader societal control, underscoring the urgent need for a more humane and equitable approach.

The historical success of deinstitutionalization, a significant decarceration movement from the mid-20th century, stands as a testament to the power of activism against arbitrary confinement, a direct result of decades of organizing by disabled people and their allies. Despite persistent narratives attempting to frame it as a failure, it represents a triumph of collective action against criminal racial pathologization, a vital lesson for contemporary struggles against housing criminalization.

As this dystopia unfolds, critical questions arise: Will private entities, including venture capitalists and for-profit prison companies like GEO Care, further entrench themselves in “cradle to grave” carceral services for vulnerable populations? Or will public funds be redirected towards truly impactful housing and support programs that prioritize human dignity over punitive measures, guided by the wisdom of housing justice, mad justice, and mental health advocacy movements?

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