DOJ Drops Phoenix Homelessness Case – ProPublica
- Despite the Department of Justice (DOJ) retracting its report on Phoenix's handling of homeless encampments, the city's policies continue to face legal challenges.
- The now-retracted DOJ report highlighted potential wrongdoing in Phoenix's approach to homeless encampments.Justin Levitt, a law professor at Loyola Marymount University and former deputy assistant attorney general in...
- Brook Hill, senior counsel with the Lawyers’ Committee for Civil Rights Under Law, said the Supreme Court's decision allowing cities to arrest people sleeping outside when there is...
following the DOJ’s retraction of its report, Phoenix’s contentious homeless encampment sweeps remain under intense legal scrutiny.Advocates are challenging the city’s policies, fearing the reversal will embolden aggressive actions against vulnerable populations. This ongoing legal battle involves a recent Supreme Court decision, raising concerns about how primarykeyword: homeless encampment sweeps, adn secondarykeyword: civil rights violations are handled. The fallout from the DOJ’s shift is significant, with implications for the homeless community’s rights and the city’s approach. News Directory 3 covers this critically important story, noting that despite the federal government’s change of course, the legal challenges persist. Discover what’s next in this evolving story.
Phoenix Faces Legal Challenges Over Homeless Encampment Sweeps
Updated May 25, 2025
Despite the Department of Justice (DOJ) retracting its report on Phoenix’s handling of homeless encampments, the city’s policies continue to face legal challenges. Advocates worry that the retraction, coupled with a recent Supreme Court decision, could encourage more aggressive actions against the homeless population.
The now-retracted DOJ report highlighted potential wrongdoing in Phoenix’s approach to homeless encampments.Justin Levitt, a law professor at Loyola Marymount University and former deputy assistant attorney general in the Civil Rights Division of the Department of Justice, said withdrawing the findings is a “disservice” to the community.
Brook Hill, senior counsel with the Lawyers’ Committee for Civil Rights Under Law, said the Supreme Court’s decision allowing cities to arrest people sleeping outside when there is nowhere else to go, could worsen the situation. Hill said cities and police might feel empowered to marginalize unhoused people, increasing uncomfortable conditions for them in public spaces.
California Gov. Gavin Newsom recently urged local governments to utilize their authority, affirmed by the Supreme Court, to address encampments.
in August 2021, following the DOJ’s investigation, the Fund for Empowerment and the ACLU of Arizona sued Phoenix, alleging “unconstitutional raids” on unsheltered individuals. The lawsuit claims the city prioritized encampment removals over providing housing. The Fund for Empowerment stated in court documents that the city’s message to unhoused individuals was clear: sleeping or engaging in essential life activities on public grounds would lead to detention,arrest,displacement,and loss of personal belongings.
A judge issued an injunction preventing Phoenix from enforcing its camping ban against those without shelter and from discarding their belongings. This lawsuit remains ongoing. The DOJ’s June 2024 report stated that even with the injunction and new city policies, officials continued to arrest people for camping and destroy property without notice.
An investigation found that phoenix rarely stored property seized from encampments. From May 2023 to 2024, the city responded to 4,900 reports involving encampments. City records indicate that workers identified storable items at only 405 locations. Belongings were stored 69 times, as sometimes people removed items between a report of an encampment and the city’s arrival.
Phoenix issued its own report in January 2024, anticipating the DOJ’s allegations. the city denied police interfered with the possessions of people experiencing homelessness. While open to insights from the DOJ, Phoenix opposed a consent decree involving external oversight of reforms.
Attorneys and advocates emphasize that the DOJ’s decision does not affect private lawsuits alleging civil rights violations against homeless individuals. The ACLU has launched a seven-state effort to file records requests for police accountability.
Elizabeth Venable, lead community organizer with the Fund for Empowerment, views the federal findings as a victory for unhoused people, regardless of the retraction. “No matter what Pam Bondi says, people are not going to forget it, especially people who learned about something that they were horrified by,” she said.
What’s next
The city will likely continue to face legal pressure from advocacy groups and private attorneys, even without federal oversight. The focus will be on how Phoenix balances public safety concerns with the rights and needs of its homeless population.