Criminalized for Surviving: Homeless Youth Are Punished for Existing

Being homeless basically means you don't have a permanent space to reside, and it seems redundant to be brought up on criminal charges for simply seeking a place to rest or temporarily reside. Which leads to an issue a lot of young adults face while being homeless: criminal records or involvement with the court system. Trespassing or loitering, while they are not always aligned or associated with criminal conduct, are minuscule charges that law enforcement has no problem "enforcing" against the homeless community for no other reason than abuse of power.

I believe that homelessness is criminalized because people don't like to be reminded that their citizens are struggling day in and day out. The cops come, put the flashlights on your tents, and tell you to get out. They send you to the next jurisdiction knowing that the next police department will do the exact same thing, just so they don't have to deal with it. It’s not illegal to be homeless? But it’s illegal to pitch your tent up almost anywhere in Massachusetts? I myself have run into such issues with law enforcement while being homeless, with officers forcing me and my friends out of spaces even when we had permission from the landlord. And I will never forget this disgusting sentence uttered to me by a police officer from Boston’s A1 station: "I like locking homeless kids up for the weekend, it gives them somewhere to stay." I was already working with the Boston Youth Action Board, and this lit a fire under me that still blazes to this day. 

Homeless young adults don't deserve to be dragged down for the rest of their lives over something minuscule that affected them during the worst period of their life. Someone who's been incarcerated ONCE is 7x more likely to be homeless than the average American, while someone who's been incarcerated TWICE is 13x more likely to be homeless. Now imagine that for people who are already homeless trying to exit homelessness. We live in a time when 2nd chances are crucial for the development of the person and being homeless from a young age with a criminal record almost doesn't give you a 1st chance.

I was arrested north of a dozen times, dealt with police brutality, was incarcerated once, and had a public defender every time. Thankfully, I had various support systems that helped me navigate and eventually exit homelessness; but $1,200 a month from BAY-CASH would've helped me a lot and could've helped minimize the nights I spent on the streets, reduce the nights I spent in jail, and be more adequately represented. Public defenders being the difference between a jail cell and freedom is a major stressor for a lot of young adults within the court system.

Clearing criminal records is something that even people who aren't homeless struggle with. The criminal court system feels like a hand around your throat that doesn't let go. Getting a record expunged or sealed can help a youth in these situations secure their future, career wise and with potential housing. BAY-CASH can provide lawyer fees for youth. BAY-CASH can help provide money for youth to get their records expunged or sealed. BAY-CASH can help youth avoid simple acts that have been criminalized, keep them out of this cycle of incarceration, and give them that chance at the pursuit of happiness.

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Written by Warren C.