President Donald Trump signed an executive order this month directing the Justice Department to identify jurisdictions that have adopted cashless-bail policies and ordering federal agencies to determine what grants and contracts could be suspended to press for stricter pretrial detention policies.
The order directs Attorney General Pam Bondi to compile, within 30 days, a list of all jurisdictions that have implemented cashless bail and instructs other federal agencies to report which federal funds can be withheld from those jurisdictions "to the maximum extent permitted by law," the White House said. In Washington, D.C., where the president has greater federal authority, the administration has instructed the Justice Department to pursue federal charges and seek pretrial detention when possible.
Legal analysts and Republican officials have said the administration can exert influence over local policies by using federal funding as leverage. Randolph Rice, a Baltimore-area attorney and legal analyst, said the administration can "use money and withhold that money to force these jurisdictions and these states to accept the help of the federal government," adding that federal financial pressure is a practical tool when the White House lacks direct control over local law enforcement.
Cashless-bail policies allow many defendants to be released without posting cash bail while awaiting trial; proponents say the measures reduce socioeconomic disparities in pretrial detention, while critics contend they can let repeat offenders return to the community and commit additional crimes. Under one variant known as unsecured bond, bond is set at a dollar amount but is payable only if a defendant fails to appear in court.
Proponents of judicial review say judges should assess each case individually. Yolo County District Attorney Jeff Reisig told Fox News Digital in 2023 that "every single individual and every case should be evaluated by a judge, an independent magistrate, who can look at that person's criminal history" to determine risk and conditions for release.
Federal and local officials have cited specific incidents and studies in arguing for a rollback of cashless-bail policies. The Justice Department has pointed to a 2022 case in which a man identified as Johnwann Elliott, who had a prior robbery conviction, was released while awaiting trial on an unrelated charge and later was accused of fatally shooting Nikia Young in March 2022. A 2023 California study cited by critics concluded that violent crime increased during the state's "Zero Bail" policy period.
Mayor Muriel Bowser of Washington, D.C., has credited stepped-up federal involvement with a drop in carjackings in the city, saying the number fell by more than 80 percent in a 20-day span after federal action. Attorney General Bondi and other administration officials have argued that federal intervention, including seeking pretrial detention in federal court where appropriate, can improve public safety in jurisdictions they consider to have lax pretrial policies.
Opponents of federal pressure to reverse local bail policies have raised constitutional and legal concerns, and some local leaders have resisted outside intervention. The White House acknowledged that the president cannot directly control local law enforcement decisions but said federal funding decisions are a legally available mechanism. The order instructs agencies to identify what funds and contracts "should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law."
In comments made while announcing the order, the president described cashless bail policies as a contributing factor to rising crime in some cities. Administration officials said Attorney General Bondi will provide the requested list of jurisdictions within 30 days, after which federal agencies will complete reviews of discretionary grants and contracts that could be affected.
Advocates for criminal justice reform have argued that eliminating cashless-bail systems risks returning low-income defendants to pretrial detention and exacerbating racial disparities, but the White House and its supporters say targeted use of federal funding can encourage localities to restore or strengthen judicial discretion in bail and pretrial detention decisions. The practical effects of the order depend in part on legal challenges and the results of the agency reviews, and officials from affected cities and states have not yet announced uniform responses to the administration's directive.
The order adds to a broader national debate over pretrial reform, public safety and the scope of federal influence on local criminal justice policies. Administration and local officials said the coming weeks will show which grants and contracts can legally be curtailed and how jurisdictions named in the attorney general's list respond to potential funding threats.