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August 25, 2025

Trump threatens to defund states over cashless bail

ABC News
Associated Press
Bjs Ojp
capitolnewsillinois.com
Constitution Congress
+37

Federal blackmail targets criminal justice reform states

Trump signed two executive orders on August 25, 2025, threatening federal funding cuts to jurisdictions with cashless bail policies. He directed Attorney General Pam BondiPam Bondi to identify target states within 30 days and recommend funding suspensions.

Illinois is the only state that completely eliminated cash bail statewide in 2023. New York, California, and Washington D.C. limit cash bail use for non-violent offenses. D.C. implemented cashless bail policies in the 1990s over civil rights concerns.

Constitutional law experts from R Street Institute warn Trump's funding threats likely violate Tenth Amendment protections of state criminal justice authority. They're calling the federal coercion to control local bail policies unprecedented executive overreach.

FactCheck.org verified Trump's claims that cashless bail increases crime aren't supported by data. Multiple fact-checking organizations confirm reformed jurisdictions show no significant crime increases. PolitiFact found Trump's claim that murder suspects get immediate release is misleading, since most states with cashless bail maintain violent crime exceptions.

Brennan Center research shows cash bail disproportionately harms poor defendants who lose jobs, housing, and family stability during pretrial detention. This actually increases recidivism rates. New Jersey eliminated cash bail in 2017 with stable crime rates, while pretrial detention populations dropped 44%.

Trump claimed during signing ceremonies that cashless bail lets dangerous criminals get arrested repeatedly for the same crimes. He specifically criticized New York and Chicago policies, stating people can murder someone and be released before the day ends. White House officials cited a disputed Yolo County, California study claiming 163% crime increases.

The orders escalate federal takeover attempts of Democratic city policing following National Guard deployment to Washington D.C. Critics argue these federal interventions are political retaliation against Democratic jurisdictions rather than evidence-based public safety policy.

Justice Department officials have 30 days to compile cashless bail jurisdiction lists. Federal department heads will then identify funds for suspension including transportation infrastructure, housing programs, and law enforcement grants. The funding threats could affect hundreds of billions in federal assistance.

💵Tax & Budget📜Constitutional Law🔐Ethics⚖️Justice

People, bills, and sources

Donald Trump

Donald Trump

President of the United States

Pam Bondi

Pam Bondi

US Attorney General

Brandon Johnson

Chicago Mayor

JB Pritzker

JB Pritzker

Illinois Governor

Muriel Bowser

Washington D.C. Mayor

Lisel Petis

R Street Institute Criminal Justice Expert

What you can do

1

Contact your governor demanding resistance to federal funding threats for maintaining constitutional state authority over criminal justice systems

2

Support legal challenges through ACLU at aclu.org defending state rights against federal coercion violating Tenth Amendment protections of local governance

3

Join Bail Project at bailproject.org providing pretrial release assistance for defendants unable to afford cash bail in non-reformed jurisdictions

4

Research your local jail population demographics - typically 70% are pretrial detainees awaiting trial solely due to inability to pay cash bail

5

Contact state legislators opposing rollback of cashless bail reforms due to federal threats, supporting evidence-based criminal justice policies over political theater

6

Support constitutional law organizations challenging federal funding coercion at brennancenter.org documenting bail reform effectiveness research

7

Advocate for state funding programs to replace federal dollars lost from maintaining cashless bail policies against federal political retaliation