Accountability Over Convenience: Trump’s Action Against States That Eliminated Cash Bail

Public safety remains a top concern for Americans, especially as cities across the country grapple with rising crime and the controversial shift toward cashless bail systems. In response, President Trump signed an executive order to end cashless bail. He is holding jurisdictions accountable, specifically targeting states and cities that have eliminated or significantly reduced the use of cash or money bail. This move to end cashless bail reignited national debate over how best to balance justice, accountability, and community safety.

Connecticut was among those pushing to end cash bail in 2023. House Joint Resolution 261 attempted to eliminate cash bail under the premise of keeping Connecticut safer. The bill never reached the House or the Senate during the legislative session. While cash bail was not eliminated in the State, non-surety bail exists as a form of cashless bail. It’s common to see individuals released on personal recognizance or PTA and non-surety bonds. The difference is that a non-surety bond shows a fictitious monetary amount attached to the bond, even though it’s not required to be paid. This is a form of cashless bail in Connecticut.

What Is Cashless Bail?

The term cashless bail refers to a system that allows people arrested to be released from detention without paying any money. This also means there is no monetary liability or incentive attached to ensuring that the defendant will return to court, which is why Trump wants to end cashless bail. The condition of release depends largely on the severity of the crime, meaning that individuals accused of certain low-level, non-violent crimes have a higher chance of being released before trial with cashless bail. 

“The overall justification to move away from a money-bail system is basic fairness,” said Insha Rahman, the vice president of advocacy and partnerships at Vera Action, an advocacy group. “There should not be two systems of justice, one for the poor and one for the rich.”

But the reforms didn’t just limit or eliminate cash bail; the law also made certain lower-level crimes ineligible for pre-trial detention. Opponents of the reforms say they have tied judges’ hands and created a revolving door of people repeatedly arrested and then immediately released. 

“You have ‘turnstile justice’ where recidivists have been arrested for the same crime hundreds of times … and you can’t impose bail,” said James Gagliano, a retired FBI supervisory special agent and doctoral candidate at St. John’s University. “It’s wrong and it doesn’t fix the system.”

President Trump Executive Order of August 25, 2025, Attempts to End Cashless Bail

“TAKING STEPS TO END CASHLESS BAIL TO PROTECT AMERICANS”

Section 1 Mission of the executive order signed by President Trump, reads: “When these individuals are released without bail under city or State policies, they are permitted — even encouraged — to further endanger law-abiding, hard-working Americans because they know our laws will not be enforced. Our great law enforcement officers risk their lives to arrest potentially violent criminals, only to be forced to arrest the same individuals, sometimes for the same crimes, while they await trial on the previous charges.  This is a waste of public resources and a threat to public safety.”

President Trump has shown a solid position against states soft on crime since Day One in office. The executive order is oriented to end cashless bail to protect Americans, Law Enforcement, and maintain public safety.

In a study completed by the Brennan Center for Justice, researchers claim to have found that there was “no statistically significant relationship between bail reform and crime rates,” suggesting that there’s no reason to condemn bail reform as a reason for increased crime. Others admit it’s too early to know whether cashless bail is a contributing factor to increasing crime or not.

Several states, including Connecticut, are claiming a lower crime rate. Consequently, they state that the policies implemented in the past few years are working. However, bail industry leaders disagree. Quite the opposite, crime is up and arrests are down, some say. Juvenile crime has taken on the headlines regularly. Whether it’s vandalism, stolen cars, or running from police and causing tragic accidents, public safety is at risk.

There have been many other studies showing the benefits of cash bail in holding offenders accountable for their charges. Unlike strong assumptions that bail privileges the wealthy and penalizes those who cannot pay their bail, most surety bail bond companies make bail affordable for their clients while ensuring the judicial system continues its process. “Without an accountable pretrial system, justice cannot be served”, says Drew Bloom of 3-D Bail Bonds.

What Does the Executive Order Mean for States with Cashless Bail?

This means that within the next 30 days, the Attorney General should submit to the President a list of states and cities that have “substantially eliminated cash bail as a potential condition of pretrial release.” Those on the list could be losing grants and federal funding because their jurisdiction is cashless bail.

Section 2 Consequences for Cashless Bail Jurisdictions. Within 30 days of the date of this order, the Attorney General shall submit to the President, through the Assistant to the President for Homeland Security, a list of States and local jurisdictions that have, in the Attorney General’s opinion, substantially eliminated cash bail as a potential condition of pretrial release from custody for crimes that pose a clear threat to public safety and order, including offenses involving violent, sexual, or indecent acts, or burglary, looting, or vandalism.  

(b) The head of each executive department and agency, in coordination with the Director of the Office of Management and Budget, shall identify Federal funds, including grants and contracts, currently provided to cashless bail jurisdictions identified pursuant to subsection (a) of this section that may be suspended or terminated, as appropriate and consistent with applicable law.

In a nutshell, the executive order aims to take action against cities and states that established cashless bail by suspending or terminating federal funds. Whether the President has the power to override a state’s laws or not, there are protections within the U.S. Constitution to separate federal and state laws.

Current States With Cashless Bail Policies

Illinois’ Pretrial Fairness Act took effect in 2023, making Illinois the first state without cash bail.

Other jurisdictions still allow bail tied to cash or bond in at least some instances, according to the National Conference of State Legislatures. New Jersey, New Mexico and Washington, D.C., have limited the use of cash bail. Some cities, including Philadelphia don’t require cash bail for low-level offenders. Harris County, Texas, implemented a consent decree stemming from a 2016 lawsuit, which requires release or unsecured bail for most misdemeanors. New Mexico allows low-risk defendants to be released without bond.

A New York law eliminated cash bail for certain misdemeanors and nonviolent felony cases, but lawmakers narrowed those reforms.

In the ongoing national conversation about bail reform, it’s clear that balancing accountability, justice, and public safety is no easy task. Is the end of cashless bail near? While the concept of bail may seem straightforward, its implications are far-reaching. Supporters, including President Trump, argue that surety or cash bail ensures defendants return to court, reducing strain on law enforcement and upholding the integrity of the judicial process.

With bail bond companies achieving a 93% success rate in securing court appearances, the system demonstrates its potential to work effectively—when applied fairly and responsibly. Ultimately, meaningful reform must prioritize both the rights of the accused and the voices of victims, ensuring justice is served swiftly and equitably.

Special Contribution Credit to Ava Alers, 3-D Bail Bonds Intern.

Sources:

https://www.whitehouse.gov/fact-sheets/2025/08/fact-sheet-president-donald-j-trump-imposes-measures-to-end-cashless-bail-and-enforce-the-law-in-washington-d-c/

https://www.vera.org/news/trump-federalizing-washington-dc-and-threatening-cashless-bail

https://www.brennancenter.org/our-work/research-reports/bail-reform-and-public-safety

https://time.com/7312226/trump-cashless-bail-executive-orders-explainer/