The Autocratic Approach to Homelessness

 

President Trump issued another poorly thought out Executive Order yesterday entitled ENDING CRIME AND DISORDER ON AMERICA’S STREETS. It contains many myths about homelessness as well as an unrealistic approach.  As a psychiatrist who focused on this issue in the population I treated for decades, I consider myself qualified to comment on this executive order and why it will fail.  Many of the central points have already been covered on this blog and I will connect to them when relevant.  Here is a section by section look.

“The overwhelming majority of these individuals are addicted to drugs, have a mental health condition, or both.  Nearly two-thirds of homeless individuals report having regularly used hard drugs like methamphetamines, cocaine, or opioids in their lifetimes”

There is the common conflation with homelessness and drug addiction and mental illness.  While these conditions are overrepresented in homeless populations – the idea that the overwhelming majority of the homeless are drug addicted or mentally ill is a myth per the government agency that directly monitors the problem (3). According to that agency the majority of the homeless do not have mental health or substance use problems and the majority of people with those problems are not homeless.

Further violent crime rates are about ¼ of what they were in 1993.  It follows if homelessness is higher in the context of dropping violent crime rates it is not likely a causative factor.

The order conflates mental illness with violent crime and suggests that it puts the public at risk for violent crime.  It suggests that the solution is to get them off the street and into institutions to protect the public.  Based on the lack of connection to crime that is a doubtful solution.  Further there has been a decades long initiative by federal and state governments to shut down long term bed capacity.  The US currently ranks 30 of 35 OECD countries in terms of psychiatric bed capacity.  That current minimalist bed capacity does not meet suggested standards to keep emergency department waits at an acceptable range and there is no evidence that the trend is changing.

The United States already uses jails as the largest psychiatric institutions.  Roughly 70,000 of the 350,000 incarcerated have a significant mental illness and receive various levels of inadequate care.  So where exactly are the “long-term institutional settings for humane treatment” supposed to some from? 

“seek, in appropriate cases, the reversal of Federal or State judicial precedents and the termination of consent decrees that impede the United States’ policy of encouraging civil commitment of individuals with mental illness who pose risks to themselves or the public or are living on the streets and cannot care for themselves in appropriate facilities for appropriate periods of time.”

I have written about civil commitment may times on this blog.  I have personally initiated and testified in hundreds if not thousands of civil commitment, guardianship, and conservatorship proceedings over a period of 35 years in the states of Wisconsin and Minnesota.  As far as I know there is no US policy to encourage commitment.  All civil commitment comes down to a county decision by a judge in that county.  Further – that commitment decision is affected by real world circumstances on the ground at the time including the financial state of the county, the number of commitments done per year, the ideological biases of the attorneys and judges, and the known outcomes of the court proceedings.  As an example of the latter, if a judge releases a patient from a hospital without commitment and that person kills or injures someone or themselves – it is less likely that court will take a similar risk in the future.

Inability to care for self is the third standard for commitment after danger to self (aggression directed at self as self-injurious behavior or suicidal behavior) and danger to others (outward directed violence and aggression).  It is the least likely standard to result in civil commitment and the most likely to result in a patient being discharged back into a homeless situation.

On a social media forum, a link was posted to me about 18 U.S. Code § 4248 Civil commitment of a sexually dangerous person. Although it was not explained it seemed to be a rebuttal to my statement that all commitments are local.  Sexually dangerous person is not a psychiatric diagnosis and it is not likely to be a significant factor in homelessness.  Additionally, the federal government does not track this diagnosis in terms of the total number of people incarcerated because of it. 

“provide assistance to State and local governments, through technical guidance, grants, or other legally available means, for the identification, adoption, and implementation of maximally flexible civil commitment, institutional treatment, and “step-down” treatment standards that allow for the appropriate commitment and treatment of individuals with mental illness who pose a danger to others or are living on the streets and cannot care for themselves.”    

This is an ironic statement considering the massive cuts to Medicaid and long history of federal cuts to any programs that fund long term care of the mentally ill.  Medicaid is a major funder of both health care for homeless populations and people with serious and persistent mental illness.  The idea that there will be funds available to massively convert the current rationed, stripped down services to a cornucopia of outpatient, inpatient, and residential services is more than a little unrealistic. 

A realistic goal would be to fund Assertive Community Treatment (ACT) and Forensic Assertive Community Treatment (FACT) teams across every county in the US. This approach to supportive treatment has been known since 1975 – but rarely encountered due to rationing at various levels.  The goal of this treatment is to support people with severe mental illnesses living housed and independently in the community and assisting them every step of the way with access to medical and psychiatric care.  There is no more humane approach. 

“Fighting Vagrancy on America’s Streets.  (a)  The Attorney General, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the Secretary of Transportation shall take immediate steps to assess their discretionary grant programs and determine whether priority for those grants may be given to grantees in States and municipalities that actively meet the below criteria, to the maximum extent permitted by law: (i) enforce prohibitions on open illicit drug use; (ii)  enforce prohibitions on urban camping and loitering; (iii)  enforce prohibitions on urban squatting”

Are there grants for enforcing existing laws?  With the draconian cuts already made by this administration exactly how much is available to enforce existing laws and would it be used with more effect in other areas. Trump has already cut $27 billion in funding for affordable housing and that has been estimated to affect 23 million households.  Homelessness assisted grants have been cut by $532 million or 12%.  These proposals have been described as “devastating” by housing advocates.  That is hardly a serious effort to address homelessness.

Instead, this appears to be an attempt to villainize the homeless and blame them for their predicament.  The wording in this section about monitoring unregistered sex offenders and suggesting that all arrested homeless are screened as sex offenders seems like the approach taken with undocumented immigrants.  Suggest a group of people are guilty until proven innocent and further suggest that law enforcement can make any problem go away.

“..ensure that discretionary grants issued by the Substance Abuse and Mental Health Services Administration for substance use disorder prevention, treatment, and recovery fund evidence-based programs and do not fund programs that fail to achieve adequate outcomes, including so-called “harm reduction” or “safe consumption” efforts that only facilitate illegal drug use and its attendant harm”

This is an overtly dangerous section of the order.  What is the administration calling “harm reduction”, “safe consumption”, and “illegal drug use”.  Would medications for opioid use disorder treatment (MOUD) fall under this category?  Would clinics prescribing methadone maintenance and buprenorphine maintenance be under even tighter scrutiny that they currently are? The wording suggests a level of accountability to an administration that clearly has none itself.     

This executive order is a good if not perfect example of an authoritarian approach to the problem.  Experts in the areas of homelessness, civil commitment, mental illness, and substance use have not been consulted.  Rather than expertise we see and overriding theme that law enforcement will be used to crackdown on the homeless. It suggests that there are systems of care that do not exist and cannot exist due to previous rationing and the more draconian measures from this administration.  In all of the rhetoric about the homeless problem in the US, the average American is led to be believe that this is a crisis unique to this country.  Real data (1) suggests otherwise.  The US has had a roughly 0.2% of the population homeless over the past 13 years and this is comparable to many OECD countries in Europe. Further – this is higher than the social democracies in Scandinavian countries and homelessness does correlate with economic disparity – another factor poorly addressed by this administration.

For all the above reasons – I don’t see any reason why this order will have much of an effect on the homelessness problem.  It probably will present many photo-ops of law enforcement disrupting homeless camps and arresting people.  The unfortunate outcome here is that there is ample opportunity for doing good across many problems – but apparently little interest in that.      

George Dawson, MD, DFAPA

 

References:

1:  OECD - Social Policy Division - Directorate of Employment, Labour and Social Affairs OECD Affordable Housing Database, 2023. – http://oe.cd/ahd

2:  ASAM Statement on Executive Order to Increase the Use of Involuntary Civil Commitment of Unhoused People with SUD.  https://downloads.asam.org/sitefinity-production-blobs/docs/default-source/advocacy/press-releases/asam-statement-exec-order-final_7-25-25.pdf

3:  United States Interagency Council on Homelessness.  Data and Trends.  (accessed 07/25/2025):  https://usich.gov/guidance-reports-data/data-trends