Could a new Tucson ordinance allow police to arrest people for being unhoused?

Tucson’s new drug-loitering ordinance does not authorize police to arrest someone based on housing status. It targets specific behaviors, such as loitering while possessing or using drugs. The ordinance is broad, however, allowing officers to justify arrests based on vague criteria like presence in certain public spaces, prior drug history or “physical characteristics” associated with drug use. 

The measure follows a series of city ordinances aimed at Tucson’s unhoused population. In June 2025, the City Council banned camping in washes and parks, effectively criminalizing sleeping outdoors in public spaces. Penalties include fines, community service or jail time. 

Research shows no evidence that arresting unhoused people curbs homelessness. A 2025 Arizona State Law Journal article found that anti‑camping and loitering ordinances across the state tend to force people into cycles of fines, arrests and displacement, while doing little to address a lack of housing or support services.