Being homeless itself is not a crime in San Diego, but as of 2026, the city strictly enforces the Unsafe Camping Ordinance, which makes it illegal to camp on public property if shelter beds are available. This ordinance effectively bans tents and encampments on sidewalks, in parks, and near schools or transit hubs. Law enforcement officers are empowered to "clear" these sites, provided they first offer the individual a spot in a city-sanctioned shelter or a "Safe Sleeping" site. If a person refuses an available shelter bed, they can be cited or arrested for illegal lodging. In early 2026, the city has significantly expanded its "Safe Sleeping" program—large, fenced areas with tents, security, and services—as a legal alternative to street camping. While the goal is to move people into housing, critics argue the policy "criminalizes poverty," while the city maintains it is necessary for public health and safety. Consequently, while you cannot be arrested simply for having no home, you can be arrested for where you choose to sleep if you do not comply with the city's designated sheltering options.