Trump’s Executive Order Could Incentivize Institutionalization in New York

In late June, President Donald Trump signed an executive order expanding involuntary commitment of homeless people and people with mental health conditions across the US.

But what does this mean in New York, where the state is already expanding involuntary commitment?

“That is a very traumatic seizure of the person, in transport to a setting where for 72 hours, you don’t have a right to counsel, you can be restrained, you can be medicated,” Beth Haroules describing involuntary commitment and treatment. Haroules is the Director of Disability Justice Litigation for the NYCLU.

“You know, it is a very, very dangerous situation to put a person into that violates people’s rights,” said Haroules.

Throughout 2025, mental health advocates in New York have spoken out against the governor’s proposed, then passed, expansion of involuntary commitment. The expansion, which goes into effect starting Thursday will allow for people to be committed if they cannot provide or refuse help with basic needs. Previously, commitment could only happen if the person was a risk of harm to themselves or others.

“What we saw in the [state] legislature and with the governor is very much aligned with what the federal government is pushing in that executive order,” said Haroules.

Similarly, President Donald Trump’s executive order “Ending crime and disorder on America’s streets” seeks to expand commitment for people with mental health conditions and homeless individuals. The EO discusses “shifting homeless individuals into long-term institutional settings.”

But what does this mean in New York, where a similar expansion is already set to go into effect?

“It looks as if the EO is tied to you will get enhanced funding if you do this. So, there may be a funding stream that will end up incentivizing New York to do more to effectuate the existing mental hygiene law changes that focus on involuntary retention, transport and treatment,” said Haroules.

Haroules says that in addition to shifting the country back into times of institutionalization, the EO may actually encourage even Democrat-led states like New York to increase the use of forced treatment.

“So, if it turns out that there [is] money, funding, federal funding streams to actually build more institutional settings, we’re in a really bad place where the state might, in fact, be willing to compromise,” said Haroules.

Story by Emyle Watkins/New York Public News Network

Emyle Watkins is an investigative journalist covering disability for BTPM.

Image Credit: Treatment Advocacy Center