Trump Signs Executive Orders to End Cashless Bail

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 jurisdictions with similar practices. The administration contends that cashless bail contributes to increased crime rates by allowing individuals accused of serious offenses to be released pretrial without financial conditions.

The first executive order focuses on Washington, D.C., directing federal law enforcement agencies to ensure that arrestees in the District are held in federal custody to the fullest extent permissible under applicable law. It also instructs the Attorney General to review the Metropolitan Police Department's policies and practices related to pretrial release and to request modifications as necessary to address the crime emergency. The order emphasizes the administration's intent to end cashless bail policies and ensure the pretrial detention of any criminal suspect who threatens public safety.

The second executive order has a broader scope, directing the Attorney General to identify jurisdictions that have substantially eliminated cash bail for crimes posing a clear threat to public safety. Within 30 days, the Attorney General is to submit a list of such jurisdictions. Subsequently, federal departments and agencies are instructed to identify federal funds provided to these jurisdictions that may be suspended or terminated, as appropriate and consistent with applicable law.

Cashless bail, also known as bail reform, allows defendants to be released before trial without financial payment, based on a judge's risk assessment. Proponents argue that this system promotes fairness by preventing the incarceration of individuals solely due to their inability to pay bail. Critics, however, contend that it may enable repeat offenses by releasing potentially dangerous individuals. The issue has become politically divisive, with several states having adopted or scaled back the practice.

The American Civil Liberties Union (ACLU) strongly opposed the executive orders, asserting that reinstating cash bail would disproportionately impact low-income communities and could negatively affect public safety. Cynthia Roseberry, director of policy and government affairs with the ACLU’s Justice Division, stated:

"To further his dangerous, performative abuse of power in D.C., President Trump today took another step to make people in our nation’s capital less safe by targeting common sense bail reforms. These executive orders are another blatant power grab by the Trump administration that will only serve to benefit the predatory bail industry. But the people who will be most impacted are those with the fewest resources. Whether we can afford to pay should never determine our freedom."

The executive orders have sparked a broader debate on the effectiveness and fairness of cashless bail systems versus traditional cash bail in ensuring public safety and upholding civil liberties. Critics argue that the administration's actions represent federal overreach and could set a precedent for increased federal intervention in local law enforcement policies. Supporters believe that these measures are necessary to address rising crime rates and to ensure that individuals who pose a threat to public safety are not released pretrial.

President Trump's executive orders targeting cashless bail policies have ignited a contentious debate over the effectiveness and fairness of such systems in ensuring public safety and upholding civil liberties. As the administration moves forward with these measures, the legal and political ramifications are likely to unfold in the coming months.