Supreme Court will weigh banning homeless people from sleeping outside

Litigation Reports

The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States.

In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking.

A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions.

But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases.

Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.”

The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go.

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.

Related listings

  • What to know about abortion in Arizona under the near-total 1864 ban

    What to know about abortion in Arizona under the near-total 1864 ban

    Litigation Reports 04/12/2024

    The Arizona Supreme Court gave the go-ahead Tuesday to prepare to enforce a long-dormant law that bans nearly all abortions, drastically altering the legal landscape for terminating pregnancies in a state likely to have a key role in the presidential...

  • The Man Charged in an Illinois Attack That Left 4 Dead Is Due Back in Court

    The Man Charged in an Illinois Attack That Left 4 Dead Is Due Back in Court

    Litigation Reports 04/01/2024

    A northern Illinois man charged with killing four people and injuring seven others by stabbing, beating and driving over them is expected back in court on Tuesday.A judge in the city of Rockford is expected to consider prosecutors' request that Chris...

  • Former Georgia insurance commissioner John Oxendine pleads guilty

    Former Georgia insurance commissioner John Oxendine pleads guilty

    Litigation Reports 03/26/2024

    A former Georgia insurance commissioner who made a failed Republican run for governor has pleaded guilty to conspiring to commit health care fraud.John W. Oxendine of Johns Creek entered the guilty plea Friday in federal court in Atlanta. The 61-year...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.