In the year following President Trump's executive order aimed at moving homeless people off the streets, federal agencies have authorized states to expand the use of civil commitment for homeless individuals suffering from mental illness or substance abuse problems. This shift has led to increased involuntary treatment programs across multiple states.

The order contends that previous policies overlooked the "root causes" of homelessness and posed public safety risks. It prompted the Justice and Health and Human Services Departments to prioritize funding for states implementing involuntary psychiatric treatment, described as "maximally flexible civil commitment" for individuals who "pose a danger to others or are living on the streets and cannot care for themselves."

About 30% of those experiencing chronic homelessness have a serious mental illness, according to the Office of National Drug Control Policy.

However, opponents argue the policy strains limited state treatment center resources, criminalizes the homeless population, and represents an unnecessary departure from "Housing First" approaches. Mathis, a Biden-era official in the Justice Department's Civil Rights Division, stated the executive order "created an environment where states felt either pressured or permitted to focus on more coercive strategies, to focus less on housing as a solution."

In Louisiana, Shaina Bessonet, a dental hygienist who experienced homelessness from January 2022 to March 2026, testified against related legislation before the state legislature.

HUD Secretary Scott Turner dismissed claims that 97,000 individuals would be affected as "fear-mongering" and called it "absurd" that litigation is blocking "long-overdue changes." Pending court challenges, the Department of Housing and Urban Development may transform the primary funding system for organizations combating homelessness to align with the executive order.

Sources:

  • CBS Politics, "Trump policy clears way for civil commitment of homeless in some states," July 29, 2026

Sources

Trump policy clears way for civil commitment of homeless in some states - CBS News