Even if criminalization was successful, legal, and cost effective, it would still be unethical. We live in an economic and social environment in which the market is unable to house people at the bottom of the economic order and government is unwilling to make up the difference. Given this reality, how can we justify treating homelessness as a criminal justice issue? The law appears to be applied universally, but this fails to take into account the fact that the poor are always under greater pressure to break it and at greater risk of being subjected to legal action. As Anatole France pointed out in 1894, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.”

Internationally, these groups often work with local authorities to do large brothel raids, in which foreign workers are deported to their home countries and local workers are forced into social services and training programs. Sometimes these “rescued” women are willing participants in sex work and fight to escape. Others are forced into sweatshop-like conditions, primarily in extremely low-paid garment work. In Thailand, women are held for a year in rehabilitation camps, where they are required to learn sewing and other trades in hopes that they will accept low-wage work instead of much higher-paying sex work. The sex workers’ rights group Empower Chiang Mai has documented numerous incidents in which “rescued” sex workers were abused by police, held in detention, and deported. Needless to say, many of those “saved” return to sex work.

By 1990, fifty thousand people had been arrested in such sweeps. Current LAPD chief Charlie Beck points out that these sweeps “undermined the moral authority of the police.” Gang members may have been a source of problems in these communities, but they were still a part of them. They had mothers, cousins, uncles, and friends who viewed the sweeps as the arbitrary, abusive, and disproportionate actions of an occupying army. Many became more sympathetic toward gangs and the young people facing the brunt of this enforcement activity. All the while, crime rates continued to go up—as did excessive-force lawsuits against the police. [...]

Until the late nineteenth century, the US had no formal immigration restrictions. The border was essentially open, with only customs controls directed at shipping. In 1882, after 200,000 Chinese laborers immigrated to build the railroads and perform farm labor in the West, Congress passed the Chinese Exclusion Act to prohibit their further immigration. Much of the language used in debating the act was explicitly racist and consistent with local bans on the right of Chinese people to own property and appear as witnesses in court.1 Proponents referred to Chinese immigrants as a “Mongolian horde” and “Johnny Chinaman” and accused them of being immoral and lazy. Small informal units were mobilized to limit unauthorized entry of Chinese immigrants, mostly along California’s border with Mexico. The only restrictions on white immigration during this period banned those who were criminals, infirm, or politically radical. Anarchists were specifically banned in 1903, with Italians targeted for particular scrutiny.