Trump has long criticised democratic cities and states, allowing defendants to release without posting cash, ensuring they will appear in court.
What is cashless bail and why does Trump want to end it?
President Trump will sign two executive orders surrounding cashless bail policy. This is what cashless bail means.
WASHINGTON – President Donald Trump signed an executive order on August 25th, aimed to require criminal suspects to step on cash debts that will be released from prison during trial.
Trump’s mission is threatening to cancel federal funds for jurisdiction that allow suspects to release bonds without posting them. Another Trump order directs DC police to indict suspects for federal crimes and maintain federal custody to prevent bonds from being published without posting them.
“They kill people, they’re out,” Trump told reporters in the oval office. “We’re finishing it, but we’re finishing it in DC and we have the right to do it through federalization.”
Both orders are part of Trump’s focus on policing before the 2026 midterm elections. Trump’s administration has already begun policing instructions in DC, and he has denounced Democratic mayors and governors for crime policies in major cities in New York, Chicago and California.
Cashless bail is a system in which defendants are released from prison while awaiting trial on a promise to appear in court rather than paying certain cash.
Critics say it reduces the incentives for defendants to go to trial and puts public safety at risk by returning to the streets. However, supporters say many low-income people can’t afford to post bonds. They point to research that bail should be based on risk factors rather than wealth.
A 2023 survey in New York City concluded that a John Jay College of Criminal Justice study found that bail exclusion was “not related to felony re-arrests within two years or changes in rates of violent felony re-arrests.”
Similarly, a report analysing DC crimes from 2015 to 2019 concluded that bail reform “successfully released the defendant’s trial without sacrificing public safety and maintaining the appearance of the High Court.”
NAACP president Derrick Johnson said Trump’s order was to “put the poor into prisons and maximize the benefits of private prisons.”
“Trump doesn’t even have the authority to end cashless bail because it’s a local issue,” Johnson said.
Trump’s national order directs Attorney General Pam Bondy to submit a list of local and state jurisdictions with cashless bail policies and identify federal funds where it may “suspend or terminate.”
“To maintain order and public safety, individuals must be imprisoned with pending criminal charges or criminal history showing clear, continuing risks to society,” the order said.
The DC Order requires Bondi to identify potential actions, including restrictions on federal funds, services and approvals.
“The Colombian government’s pretrial announcement policy, including a ban on cash bail, contributes to the dishonest conditions referenced in the aforementioned executive order, as law enforcement must arrest the same individual multiple times and dangerous offenders must be released promptly from time to time,” the order said.
