- On Monday, Aug. 25, 2025, President Donald J. Trump signed an Executive Order directing the Attorney General to identify jurisdictions that have largely eliminated cash bail.
- Federal agencies, in coordination with the Office of Management and Budget, are instructed to identify funding to those jurisdictions that may be suspended or terminated, consistent with law.
- The order states that federal policies and resources should not be used to support cashless bail policies, framing the step as a public-safety measure.
The Big Picture
President Trump signed an Executive Order on Monday, Aug. 25, 2025, setting federal policy against supporting cashless bail and laying out new steps the Administration says are aimed at keeping repeat violent offenders off the streets. The order calls for a list of cashless-bail jurisdictions and a review of federal dollars flowing to them, with potential suspensions or terminations “as appropriate and consistent with applicable law.”
Trump cashless bail executive order
What’s New
The Attorney General has 30 days to submit a list of states and localities that, in the Department of Justice’s view, have “substantially eliminated cash bail” for offenses posing a clear threat to public safety — and after that submission, the heads of each federal department and agency, working with OMB, will begin identifying grants and contracts currently provided to those jurisdictions that could be suspended or terminated, as appropriate and consistent with statute and appropriations. The order also provides that it will be implemented consistent with applicable law and does not create any enforceable rights.
What They’re Saying
Context
A Yolo County, California analysis that shows higher re-arrest rates for those released under zero-bail policies, including an increase in violent offenses, is cited by the White House in its argument that cashless bail results in dangerous releases.
Under the Pretrial Fairness Act, Illinois was the first state ending with cash bail in September 2023; the state Supreme Court upheld this policy change. The change has become a national focal point in the debate over public safety and pretrial justice.
What’s Next
DOJ’s list is due within 30 days. Agencies are expected to begin reviewing relevant funding streams after that submission. The process could prompt negotiations between federal officials and jurisdictions over grants and conditions — and may face legal scrutiny over the scope of federal spending power and state authority.
The Bottom Line
The Trump cashless bail executive order sets a clear federal posture against subsidizing cashless bail but leaves implementation to forthcoming DOJ designations and agency funding reviews. The practical impact will hinge on how broadly DOJ defines “cashless bail,” which programs agencies target, and how courts assess any funding decisions that follow.
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