NYC Implements New Shelter Policy, Evicts Migrants After 30 Days

New York City initiated a new policy on Wednesday to evict some migrants from its shelter system after 30 days, or 60 days for younger adults. Approximately 250 new arrivals are facing eviction this week if they cannot meet the city's extension requirements. 

This policy shift has faced criticism from advocates who argue it is inhumane and unrealistic, potentially leading to increased homelessness among migrants. However, city officials assert the policy is necessary to alleviate the strain on the shelter system, which has accommodated nearly 200,000 migrants since 2022.

“With more than 65,800 migrants still in our care, and as we continue to manage the arrival of hundreds of new migrants requesting shelter in New York City every day, we have begun implementing the next phase of our settlement,” Mayor Eric Adams’ chief of staff, Camille Joseph-Varlack, said in a statement. “These changes will help migrants take the next steps in their journeys, reduce the significant strain on our shelter system, and enable us to continue providing essential services to all New Yorkers.”

The new policy stems from a settlement in March between the city and advocacy groups regarding the city's “right to shelter” law, which mandates shelter provision to anyone in need, regardless of immigration status. The Adams administration sought to limit this right in response to the massive influx of migrants. Notably, the new limits do not apply to migrant families with children, who can reapply for shelter placement after 60 days.

The policy affects single adults and adult families without children, who must leave the shelter system in 30 days, while young adults aged 18 to 23 have 60 days unless they qualify for exceptions. Exceptions include proof of alternative housing options within 30 days, scheduled immigration hearings, serious medical procedures, full-time high school enrollment, and demonstrating significant efforts to resettle.

Advocates for migrants and the homeless are concerned about how the city will interpret the requirement for significant efforts to resettle. “The settlement says that if you’re making significant efforts to move out of shelter you’re entitled to an extension, but that has to be significant efforts within the context of what someone can reasonably do,” said Kathryn Kliff, a staff attorney at the Legal Aid Society.

Kliff emphasized the potential risk of improper application of exceptions leading to street homelessness. “They say they don’t want to see people on the streets, and obviously we don’t want to see our clients on the streets. So, in theory, that is a shared interest,” she said.

The mayor’s office reported that about 250 migrants’ notices will expire between Wednesday and Sunday, and they will not be able to reapply for shelter unless they meet the requirements for reasonable accommodations or demonstrate extenuating circumstances. 

New arrivals to the shelter system will receive initial placements, 30- or 60-day notices, and a resource guide about qualifying for extensions. The city will offer exit planning during their shelter stay, with additional reminders and the ability to schedule appointments if they believe they qualify for extensions.

This new policy comes as New York City, like other cities across the country, grapples with managing the increased number of migrants, exacerbated by initiatives like Texas Governor Greg Abbott's 2022 program of busing migrants to Democratic cities.