Trump Moves To End Cashless Bail In D.C., Threatens Cuts To States With Similar Policies
Sticking with President Trump’s efforts to crack down on crime, on Monday he signed an executive order aiming to end cashless bail in Washington, D.C. and possibly across the U.S.
The cashless bail policy allows some defendants to be released from custody before trial, without paying money up-front. People charged with murder are generally not eligible.
Supporters say it prevents discrimination against low-income defendants — many facing non-violent charges — who can’t afford bond, are stuck in jail, lose their jobs and then forced to turn to crime. Advocates also say that it prevents overcrowding in jails. Critics, like Trump, argue that it releases dangerous criminals back on the streets and creates a situation leading to repeat offenders who believe there are no ramifications for their crimes.
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Monday's executive order also directs Attorney General Pam Bondi to identify states and cities across the country that allow cashless bail — and potentially cut off federal funding until they reform their policies.
Illinois, New Mexico, and New Jersey have eliminated or nearly eliminated cash bail. But, New York scaled back cash bail reform initiatives after COVID crime spikes.
Data shows that about 5% of people released on bail and awaiting trial in NYC are rearrested each month – the majority for misdemeanors. A recent study from D.C.’s Criminal Justice Coordinating Council found 3% of violent-crime defendants (seven people) between August 2024 and January 2025 who were released pretrial were rearrested in D.C. — and none for new violent crimes.
Legal issues? Trump’s order will likely face legal challenges, much like his earlier attempt to cut federal funding to sanctuary cities. Late last week, a federal judge blocked the administration from withholding federal grants from cities that don’t cooperate with immigration enforcement.