On August 25, 2025, U.S. President Donald Trump signed executive orders to end the policy of cashless bail. The president signed two distinct yet co-related orders amid ending cashless bail.
Cashless bail, in simple terms, can be defined as a provision that allows people to be released before trial (pre-trial detention, keeping someone in jail before their trial starts). It was essentially introduced as a necessary measure to maintain racial and economic equality in the justice system.
What are the two orders signed?
First Order: Steps to be taken to end the cashless bail policy, this step holds nationwide impact to protect Americans from increased crime rates. As Trump says, criminals or people with a criminal history must be detained.
Actions required are the submission of a list of states and localities by Attorney General Pam Bondi that have “substantially eliminated cash bail” for serious crimes, including violent, sexual, burglary, looting, vandalism, etc.
Second Order: It’s specifically focused on ending the cashless bail policy in D.C. that includes actions such as federalizing custody, pursuing federal charges, D.C. Metropolitan Police Department policies, and press for changes.
His second order also proposed that law enforcement transfer arrested individuals in DC to federal custody whenever legally possible, addressing the accommodation issue in jails.
Why the ruckus around the policy change?
Supporters of terminating cashless bail argue that releasing dangerous criminals before their trials encourages more serious crimes and increases crime rates. They also believe that keeping offenders in detention longer has always been one of the most effective ways to ensure they appear in court without any hindrance.
Trump stated to the reporters at the White House,
Somebody kills somebody, they go in, ‘Don’t worry about it—no cash, come back in a couple of months, we’ll give you a trial,’ you never see the person again.
Critics of Trump’s order argue that it creates an unfair justice system, as the money bail system allows wealthy individuals to secure easy release while the poor suffer. They say it clearly pumps wealth-based disparities in justice. There are no datasets to ensure the betterment after the termination of cashless bail, the biggest example is in 2023, when Illinois became the first U.S. state to eliminate cash bail, yet no significant changes in overall crime was observed.
When people criticised Trump, calling him a dictator, Trump responded, “I don’t like a dictator. I’m not a dictator. I’m a man with great common sense.”
The use of money bail powers the private bail bond industry to a profit of $2 billion, also it disproportionately harms black people and the poor of all races, stated Vera Reports.
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