President Donald Trump signed two executive orders on Aug. 25 aimed at eliminating cashless bail.
The executive orders came two weeks after Trump’s federal takeover of Washington’s Metropolitan Police Department and his activation of the National Guard in the city to fight crime.
The first order authorizes Attorney General Pam Bondi to identify states with cashless bail systems for suspects of “violent, sexual, or indecent acts, or burglary, looting, or vandalism” and revoke their federal funding.
The second order revokes the practice in Washington and aims to hold as many defendants in federal custody as possible, preventing them from being rereleased.
“This isn’t Republican or Democrat,” Trump said. “We’ve got to bring our country back.”
Illinois is the first and only state to eliminate cash bail, which it did in 2023. Other states, such as New Jersey, New Mexico, and New York, have eliminated cash bail for certain misdemeanors and nonviolent felonies.
Critics of the practice argue that it allows criminals to return to the streets and commit more offenses.
The White House released a fact sheet, titled “‘Cashless Bail’ Is a Government-Backed Crime Spree,” that details some examples.
“In 2022, a New York man brutally executed a mother in front of her three children less than 24 hours after he was freed without bail in a violent assault of the same woman,” the fact sheet states. “The man had a prior conviction for kidnapping his ex-girlfriend at gunpoint.”
In another case, a man was released in 2024 without bail, even though he had 47 previous arrests and 28 convictions.
Laws in Washington allow suspects to be released without bail, although there are exceptions for murder or armed assault with intent to kill.
Opponents of cash bail argue that it is unfair to the poor, allowing wealthy suspects to easily post bail while low-income offenders languish behind bars awaiting trial. Poorer defendants may lose their jobs or become “criminalized” behind bars, according to critics.
“A person’s ability to pay a large sum of money should not be the determining factor in deciding whether that person, who is presumed innocent, stays in jail before trial or is released,” Los Angeles County Superior Court Judge Samantha P. Jessner said in a statement when California changed its cash bail law.
The president said he will push Congress to codify the orders.
—Stacy Robinson
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—Stacy Robinson
