President Donald Trump issued an executive order on Monday instructing the federal government to withhold or withdraw funding from states and local governments that have implemented cashless bail policies.
Positioning the practice as a direct public safety threat, Trump contended that the abolition of cash bail lets potentially threatening criminals go free.
“No money. Come back in a few months, we’ll offer you a test. You never see the individual again,” Trump stated before he signed the order. The order calls for Attorney General Pam Bondi to submit a list within 30 days of places that have “substantially eliminated cash bail as a potential condition of pretrial release” for offenses considered a threat to public safety and order.
Cashless bail practices enable defendants to stay out of jail until trial without forking over cash, instead of the conventional cash bail system where defendants pay upfront but get reimbursed if they show up in court. Cashless supporters say the conventional scheme punishes people based on their financial status, incarcerating poorer defendants while richer defendants can purchase freedom. Opponents say bail works as a means to get people to show up to court and that removing it could lead to violent criminals being placed back out onto the streets.
Illinois was the first state to eliminate cash bail in 2023 when the state Supreme Court affirmed the law as part of its SAFE-T Act reforms. Under that system, judges consider aspects such as seriousness of charge, danger to community, and flight risk before making a release determination. Other jurisdictions – New Jersey, New Mexico, and Washington, D.C. – have substantially restricted or eliminated cash bail while adopting practices such as court date reminders, transportation, and flexible scheduling in order to promote compliance.
Policies vary by state, but exclude violent offenses like murder from cashless release in many. Nonviolent crimes, including misdemeanors, are usually covered.
The dispute over whether cashless bail impacts crime is still ongoing. A 2024 study by Loyola University Chicago could not find that crime increased after Illinois’ reform, with some counties actually seeing violent and property crime decrease. Likewise, a Brennan Center for Justice study found there was “no statistically significant relationship” between crime rates and bail reform in 22 U.S. cities that had made changes.
Trump administrators, nonetheless, cite a 2022 analysis by California’s Yolo County district attorney’s office, which monitored recidivism during a temporary pandemic-era suspension of bail. According to the study, over 70% of people released were rearrested, with over half arrested repeatedly.
The directive raises an already contentious national argument, placing pro-fairness and pro-equity arguments against public safety concerns. As Trump calls for tougher action and reformers cite initial statistics indicating minimal effect on crime levels, the battle over cashless bail is set to heat up leading into the 2024 election cycle.
Leo Cruz brings sharp insights into the world of politics, offering balanced reporting and analysis on the latest policies, elections, and global political events. With years of experience covering campaigns and interviewing world leaders, Leo ensures readers are always informed and engaged.
