Former President Donald Trump is expanding his influence over criminal justice policies in the nation’s capital and beyond. On Monday, he signed an executive order directing Washington, D.C., and states across the country to end cashless bail within 30 days for defendants deemed a risk to public safety.
“Washington was the most dangerous place in this country and now, you know what? It’s probably the safest place in the country,” Trump said during the signing ceremony.
What Is Cashless Bail?
Cashless bail systems allow individuals accused of crimes to be released before trial without posting a financial bond. Instead of setting bail based on ability to pay, judges consider factors like the defendant’s criminal history and flight risk.
Supporters argue that this approach reduces unnecessary incarceration, eases overcrowding in jails, and promotes fairness for low-income defendants. Critics, however, claim it can lead to higher crime rates and put public safety at risk.
Washington, D.C., has operated under a cashless bail system since the early 1990s. According to NPR, judges began using risk-based release assessments as early as 1992.
White House Criticism and Crime Data
The Trump administration has pointed to studies that suggest a link between cashless bail and increased crime. One frequently cited report, from Yolo County, California, found that a “zero bail” policy corresponded with a 163% rise in overall crime and a 200% increase in violent offenses, compared to defendants who were required to post bail.
D.C. Council Moves to Tighten Pretrial Detention
In July, the D.C. Council approved three bills aimed at curbing crime in the district. One of the measures made it easier for judges to hold certain defendants in custody before trial—particularly those charged with offenses like sexual abuse and strangulation. The law allows for pretrial detention even without a significant prior criminal history, as long as prosecutors can show the defendant poses a credible threat.
Executive Order Overview
Trump’s executive order argues that releasing high-risk defendants without bail poses a danger to communities and burdens law enforcement. It directs the attorney general to compile a list of jurisdictions that have significantly reduced or eliminated cash bail for crimes such as violent offenses, burglary, sexual crimes, and vandalism.
In addition, the order instructs federal agencies to review funding for those jurisdictions and determine whether any grants or contracts can be lawfully suspended or revoked.
“They kill people and they get out,” Trump said. “You never see the person again.”
The White House clarified that the order must be implemented within the constraints of current laws and budgets, and that it does not create new legal rights or obligations.
Other States with Cashless Bail
Several states—including Illinois, New Jersey, and New Mexico—have moved toward eliminating traditional cash bail systems. These states now use alternative risk assessment tools to determine pretrial release.