In a move that has sparked controversy, Representative Pramila Jayapal (D-WA) has proposed a bill that would prevent federal agencies from evicting homeless individuals from federal land, provided they have no other place to go.
This legislation, known as the "Housing Not Handcuffs" Act, comes on the heels of the anniversary of the landmark City of Grants Pass v. Johnson decision by the US Supreme Court.
According to The Post Millennial, the bill is a direct reaction to the Supreme Court's ruling on the City of Grants Pass v. Johnson case last year. This ruling overturned a lower court decision, thereby granting cities the authority to enforce bans on homeless camping in public areas.
Jayapal's proposed legislation aims to safeguard those experiencing homelessness from penalties for actions such as accepting food or water, or storing belongings on federal property, unless there is "adequate alternative indoor space available.
In a statement accompanying the introduction of the bill, Jayapal expressed her belief that "Every single person in the richest country in the world should be able to have a roof over their head and a safe place to sleep, its that simple." She further emphasized the economic challenges faced by many, stating that one cannot pay rent on minimum wage anywhere in the US.
However, the proposed legislation has been met with criticism from officials in cities grappling with local homelessness policies, including in Jayapal's home state of Washington. The bill has also been met with skepticism from some of Jayapal's congressional colleagues. Representative Michael Baumgartner (R-WA), whose district includes Spokane, a city that has witnessed years of contentious debate and legal battles over the regulation of homeless encampments, dismissed the legislation as a "silly idea."
Earlier this year, the Washington Supreme Court overturned a voter-approved initiative that would have banned homeless camping within 1,000 feet of parks, schools, and licensed daycares, deeming it unconstitutional.
In 2024, the city of Burien sued King County and the King County Sheriff's Office (KCSO) for refusing to enforce a city ordinance banning homeless encampments within 500 feet of schools, libraries, daycares, and similar public spaces. Despite the Supreme Court ruling, the sheriffs office stated it would not resume enforcement.
Burien Mayor Kevin Schilling, in an interview with The Ari Hoffman Show on Talk Radio 570 KVI, stated that the sheriffs office had helped draft the ordinance before reversing course. He asserted that "The constitutional question has been decided cities do have the ability to regulate public space. This is where decisions on how to address [homelessness] should be made at the city level, through a democratic process.
Schilling further explained that the city's approach avoids criminalization: We do not issue fines. We do not have a criminal penalty. We have a civil infraction We want to be able to enforce a tent regulation and not have tents near schools.
He emphasized that the citys goal is not just enforcement but offering real help. We want to get people into shelters and services. We want to help people if theyre addicted to drugs or facing mental health crises. But we want to tackle the criminal activities associated with tent encampments. We want to keep public space free and accessible for all.
Following the Grants Pass decision, other Washington cities, including Auburn, moved swiftly to pass similar ordinances regulating where and when homeless camping can occur. In 2024, the U.S. saw an 18.1 percent increase in homelessness, driven in part by illegal immigration.
A report from the U.S. Department of Housing and Urban Development (HUD) revealed that Washington state had the third-largest homeless population in the country in 2024, with 31,554 people experiencing homelessness.
Furthermore, Washington had an increase of 4,295 individuals with chronic patterns of homelessness since last year, a 55.8 percent increase, the largest by percentage of any state in the country.
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