Trump's Executive Order Targets Cashless Bail Policies Nationwide

Why this matters: This policy shift could significantly impact states and cities with existing cashless bail systems, potentially affecting how they handle pretrial detention and public safety.

The executive order aims to fulfill Trump's campaign promise to crack down on jurisdictions that release dangerous criminals on cashless bail. It follows earlier actions, such as deploying the National Guard in D.C. and reviewing Smithsonian museums.

Several jurisdictions have reformed bail laws to favor supervised pretrial release, citing concerns that cash bail disproportionately affects poorer populations. Illinois, New Jersey, and New Mexico have eliminated cash bail, while New York scrapped it for most misdemeanors and non-violent felonies in 2019. However, these reforms have faced criticism, even from within the Democratic party. Instances of repeat offenders being released without bail and committing further crimes have fueled the debate.

The White House points to a law enforcement study conducted in Yolo County, Calif., two years ago that determined a 'zero bail' policy spiked crime by 163% in that jurisdiction. Trump's Department of Justice had already canceled more than 360 grants worth hundreds of millions of dollars in April for state entities and nonprofits that officials said were serving as a 'slush fund' for left-wing causes rather than public safety.

Cashless bail is a system where judges decide whether to release defendants without requiring them to post money, based on factors like risk to the community or flight risk.

The Trump administration argues that cashless bail policies allow dangerous individuals to return to the streets, endangering law-abiding citizens.

Jurisdictions with cashless bail policies or reformed bail laws include Washington, D.C., Illinois, New Jersey, New Mexico and New York.

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