Trump DOJ Outlines Dubious Path to Force People Into Psychiatric Institutions

Latest

Families in Illinois are fighting to keep their disabled loved ones from being institutionalized. Video Still/ CBS News Video
Families in Illinois are fighting to keep their disabled loved ones from being institutionalized. Video Still/ CBS News Video

Editor’s note. This article originally appeared in Mother Jones here, and is republished here with permission.

On June 18, the Department of Justice quietly released a memo pertaining to the landmark 1999 disability civil rights case Olmstead v. L.C., which curtailed states’ power to institutionalize people diagnosed with mental illnesses, and related federal civil rights laws. That precedent, the Trump administration memo argues—in conjunction with federal civil rights and disability rights statutes—increases homelessness, a claim that likely signals a push to expand institutionalization in restrictive psychiatric facilities.

The administration’s claims, according to University of Michigan law professor Sam Bagenstos, are not rooted in fact.

“It’s just absurd,” says Bagenstos, general counsel for the Department of Health and Human Services and the Office of Management and Budget during the Biden administration, calling the Olmstead decision “one of the most effective tools in combating homelessness” by encouraging states to augment mental health and housing services outside institutions.Trump DOJ Outlines Dubious Path to Force People Into Psychiatric Institutions

“This administration is trying to take away one of the most fundamental rights that people with disabilities have fought for,” said George Washington University law professor Alison Barkoff.

In December, for instance, the Department of Justice reached an agreement with South Carolina to expand supportive services for people with psychiatric disabilities to reduce rates of institutionalization.

Bagenstos describes the White House move as “part of the incredibly punitive approach toward homelessness and mental illness that Trump has taken from the beginning of his administration,” including a July executive order that called for unhoused people with mental health conditions to be forced into long-term care settings in contravention of Olmstead and disability civil rights laws.

“Their interpretation is completely inconsistent with virtually all courts,” says Barkoff, a DOJ special counsel on Olmstead enforcement during the Obama administration.

Barkoff and Bagenstos are both concerned that the memo presages a White House effort to ramp up institutionalization—one that could, ironically, also increase homelessness—by chipping at the Olmstead legal framework. The White House did not immediately respond to a request for comment on its plans for Olmstead enforcement, or lack thereof.

 

+ Articles by this author

Julia Métraux (she/her) is a reporter at Mother Jones covering disability and public health. Email her at jmetraux@motherjones.com. You can see more of her work on her website

The People’s Tribune opens its pages to voices of the movement for change. Our articles are written by individuals or organizations, along with our own reporting. Bylined articles reflect the views of the authors. Articles entitled “From the Editors” reflect the views of the editorial board. Please credit the source when sharing: peoplestribune.org. Please donate to help us keep bringing you voices of the movement for change. Click here. We’re all volunteer, no paid staff. The People’s Tribune is a 501C4 organization.

Featured

Police Shooting of 1-Year-Old Kohen Wiley ‘Was Justified,’ Mississippi Attorney General Says

Police fired into a car in a MIssissippi Walmart parking lot in June, killing baby Kohen Wiley. Mississippi's attorney general now says the shooting was "justified."

Homeless Shelters Were Once Off-Limits to ICE. Not Anymore

Los Angeles Is seeing a surge in Latino Homelessness, and a 2025 Department of Homeland Security (DHS) Policy Change Means Shelters Are No Longer Safe from ICE.

ICE Has Arrested Twice As Many Children This Year

ICE arrested more than twice as many children this year through July as in the same period last year. Many of these children have been detained where lawyers and family members couldn’t find them.

ICE Terror Targets Us All

ICE terror is morally wrong, is spreading, and can easily threaten us all. Already, there are victims nationwide, from various communities, citizens and non-citizens alike. Millions of us need to stand up. Stop The Terror. Stop ICE.

Trump Sent Homeland Security to Search My House

"In their ludicrous, partisan investigation into my immigration status, Trump is telling his voters: Ignore the price of gas, the war in Iran, that you’re losing healthcare —get angry about this instead," says U.S. Rep. Ilhan Omar.

More from the People's Tribune