by Vanguard Staff
A coalition of housing advocates, legal experts, and social service providers is warning that banishment ordinances targeting unhoused people are unconstitutional, ineffective and harmful. In a joint statement, the signatories said such laws, which prohibit people from entering or being present in certain areas of a city or county, violate fundamental rights and fail to address the root causes of homelessness.
The statement notes that courts across the country have repeatedly found that banishment laws infringe on constitutional protections, including the right to travel, due process and freedom from cruel and unusual punishment. Advocates said these ordinances not only strip people of their rights but also destabilize them further by cutting them off from critical resources such as medical care, employment and social services.
The coalition emphasized that banishment often functions as a form of extrajudicial punishment, disproportionately affecting people experiencing poverty, people with disabilities and people of color. They argued that rather than investing in proven housing and support strategies, some jurisdictions are doubling down on exclusionary measures that make it harder for people to survive, much less escape homelessness.
Advocates urged local governments to focus on evidence-based solutions, including expanding affordable housing, increasing access to mental health and substance use treatment and funding outreach programs. They stressed that these approaches address public safety and community concerns without resorting to unconstitutional and harmful policies.
The statement concluded that homelessness is a housing problem, not a criminal one, and that “policies of banishment have no place in a society that values human dignity and constitutional rights.”
The warnings come as President Donald Trump has ordered homeless encampments in Washington, D.C., to be cleared and their residents moved out of the city. “The Homeless have to move out, IMMEDIATELY,” Trump wrote on Truth Social, adding, “We will give you places to stay, but FAR from the Capital. The Criminals, you don’t have to move out. We’re going to put you in jail where you belong.”
Trump signed an order last month making it easier to arrest homeless people and last week ordered federal law enforcement into D.C. streets. On Monday, he described the capital as a “crime-infested wasteland” despite federal data showing that violent crime has declined to a 30-year low. He said his plan would make the city “safer and more beautiful than it ever was before” and promised a news conference to detail his proposals.
According to The New York Times, officials have deployed about 800 National Guard members and roughly 500 federal law enforcement agents to city streets, with some conducting foot patrols. White House Press Secretary Karoline Leavitt said the campaign was “just beginning” and promised the administration would “relentlessly pursue and arrest every violent criminal in the District.” She also said homeless people would be offered mental health and addiction services and shelter space, but could face fines or jail time if they refuse.
D.C. Mayor Muriel Bowser pushed back, calling Trump’s actions an “authoritarian push” and “intrusion on our autonomy.” She said, “We are not 700,000 scumbags and punks. We don’t have neighborhoods that should be bulldozed. We have to be clear about our story, who we are and what we want for our city.”
Clinique Chapman, chief executive of DC Justice Lab, told The New York Times, “This is not about preventing crime. It’s about political theater and federal control.” She warned that “young Black boys will bear the brunt of this, as they are the most likely to be stopped, to be questioned, to just really encounter the police interactions,” and said the harm would last “for years to come, beyond the time they are actually occupying the city right now.”
