Ending Crime and Disorder on America's Streets
This Executive Order directs federal agencies to adopt a tougher, enforcement-centered approach to homelessness, substance use, and public disorder in cities. It pushes federal law enforcement and health, housing, and transportation agencies to promote—and financially reward—state and local policies that remove people from public spaces, expand civil commitment and court-ordered treatment for people with serious mental illness or substance use disorders, and restrict federal support for programs the Administration regards as enabling illegal drug use or failing to promote “treatment, recovery, and self-sufficiency.” The Order also instructs agencies to review whether federally funded homelessness providers violate federal law (for example, by operating “safe consumption” sites) and to increase data collection and sharing with law enforcement where allowed by law. If implemented, the Order would shift federal grant priorities and technical assistance away from “housing first” and harm-reduction models and toward more coercive treatment and enforcement measures (including civil commitment, assisted outpatient treatment, encampment removals, and expanded use of diversion courts). It could lead to increased coordination between law enforcement and homelessness/behavioral-health systems, larger roles for civil commitment and court-ordered treatment, and pressure on state and local governments and service providers to change program rules and data practices.
Key Points
- 1Federal promotion of civil commitment and assisted outpatient treatment (AOT): The Attorney General, with HHS, is ordered to seek reversal of legal precedents or consent decrees that limit civil commitment, and to help states adopt flexible standards to commit and treat people with serious mental illness or substance use disorders who are dangerous or cannot care for themselves.
- 2- (Explanation: “Civil commitment” is involuntary hospitalization or institutionalization ordered under civil law; AOT refers to court-ordered outpatient treatment conditions.)
- 3Grant priority tied to enforcement of public-order laws: DOJ, HHS, HUD, and DOT must assess whether discretionary grants can favor states/municipalities that enforce prohibitions on open drug use, urban camping/loitering/squatting, and that enact rules to move people off the streets into treatment/facilities.
- 4- (Effect: jurisdictions enforcing such rules could receive federal grant preference where legally permitted.)
- 5Redirect federal health and homelessness funding away from harm reduction and “housing first”: HHS/SAMHSA are directed to fund evidence-based treatment and not to fund harm-reduction or “safe consumption” programs that the Order views as facilitating illegal drug use. HUD and HHS are directed to end support for “housing first” policies that do not require treatment or accountability.
- 6- (Explanation: “harm reduction” includes needle exchanges and supervised consumption sites; “housing first” prioritizes rapid housing without preconditions such as sobriety or treatment participation.)
- 7Enforcement and legal actions against providers operating safe consumption sites or distributing paraphernalia: The Attorney General is to review whether recipients of federal housing/homelessness dollars violate federal law (including 21 U.S.C. 856, which prohibits maintaining drug-involved premises) and bring civil or criminal actions as appropriate; HUD may freeze federal assistance for such recipients.
- 8- (Effect: providers operating supervised consumption or injection sites could face federal enforcement and loss of HUD funds.)
- 9Increased data collection, sharing, and program conditions: HUD is directed to require recipients of federal housing/homelessness assistance to collect health-related information (where permitted by law), share it with law enforcement when allowed, require treatment as a condition of program participation for certain participants, and permit gender- or age-segregated housing and restrictions that keep sex offenders away from unrelated children. DOJ is to evaluate homeless arrestees for civil commitment under 18 U.S.C. 4248 and to support encampment removals via existing law enforcement assistance funding where public safety is at risk.
- 10- (Explanation: 18 U.S.C. 4248 concerns civil commitment of certain sexually dangerous persons; Emergency Federal Law Enforcement Assistance funds (34 U.S.C. 50101 et seq.) can support local law enforcement needs.)