Trump Administration Moves to End Cashless Bail Policies with Executive Orders

On August 25, 2025, President Donald Trump signed two executive orders aimed at ending cashless bail policies in Washington, D.C., and potentially withholding federal funds from other jurisdictions with similar reforms. These actions have ignited a contentious debate over public safety, judicial fairness, and federal authority.

The first executive order directs federal law enforcement agencies to ensure that arrestees in Washington, D.C., are held in federal custody and to pursue federal charges and pretrial detention whenever possible. This move seeks to circumvent the District's existing cashless bail policies, which the administration argues contribute to increased crime rates. The order states, "It is therefore the policy of my Administration that all necessary and lawful measures be taken to end cashless bail policies and ensure the pretrial detention of any criminal suspect who threatens public safety."

The second order instructs Attorney General Pam Bondi to identify states and local jurisdictions with cashless bail policies and to consider appropriate actions, including adjustments to federal funding. This could lead to the withholding or revocation of federal funds from jurisdictions that maintain such policies. The order emphasizes, "Federal policies and resources should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law."

Cashless bail, also known as bail reform, allows defendants to be released before trial without the requirement of posting monetary bail. Proponents argue that this system prevents the penalization of poverty and reduces unnecessary pretrial detention, which can disrupt employment and family life. Critics, however, contend that it may compromise public safety by allowing potentially dangerous individuals to remain free pending trial.

Several jurisdictions have implemented cashless bail reforms:

• Illinois: Became the first state to fully eliminate cash bail in 2023 with the passage of the SAFE-T Act.

• New Jersey: Implemented significant bail reforms in 2017, leading to a substantial decrease in the pretrial jail population without a corresponding increase in crime rates.

• Washington, D.C.: Has effectively not used cash bail since 1992, with approximately 93% of individuals released pretrial not being rearrested.

The executive orders have elicited strong reactions from various organizations:

• American Civil Liberties Union (ACLU): Condemned the orders as a "blatant power grab" that undermines public safety and disproportionately affects individuals with limited financial resources. Cynthia Roseberry, director of policy and government affairs with the ACLU’s Justice Division, stated, "These executive orders are another blatant power grab by the Trump administration that will only serve to benefit the predatory bail industry."

• Vera Institute of Justice: Criticized the orders as dangerous and baseless, emphasizing that cash bail privileges the wealthy and penalizes those who cannot afford to pay for their freedom. Insha Rahman, vice president of advocacy and partnerships, remarked, "Public safety, not wealth, should determine who is released and who remains in jail pending trial."

The executive orders raise significant legal and constitutional questions:

• Federal Authority Over D.C.: As a federal district, Washington, D.C., lacks the same sovereignty as states, allowing the federal government greater authority to implement policies such as these executive orders.

• State Sovereignty: The Tenth Amendment reserves powers not delegated to the federal government to the states. Critics argue that bail policies fall under state jurisdiction, and federal attempts to influence these policies may overstep constitutional boundaries.

These developments underscore the ongoing debate over the effectiveness and fairness of cashless bail systems, highlighting the tension between efforts to reform the criminal justice system and concerns about public safety.