The policy has been promoted by George Soros–backed prosecutors, who argue it is a fairer system that reduces jail overcrowding and addresses socioeconomic disparities. Several states—including Illinois, New Mexico, and New Jersey—have adopted versions of the policy.
Trump’s Executive Orders
The executive order on D.C., first reported by Axios, directs the administration to take action if the city does not roll back its cashless bail policy, including reconsidering “federal funding decisions, services, or approvals.” It also calls on federal law enforcement to take custody of certain arrested individuals “to the fullest extent permissible under applicable law.”
A separate order instructs the administration to identify federal funds that could be suspended or terminated in jurisdictions where cashless bail remains in place.
The move is part of a broader campaign to expand federal control over the capital. Trump has already deployed the National Guard to D.C., ordered the removal of homeless encampments, and even restored a Confederate memorial at Arlington National Cemetery.
Additional Order on Flag Desecration
Alongside the cashless bail directive, Trump signed an order targeting flag desecration, directing Attorney General Pam Bondi to prosecute offenders aggressively. It also empowers the administration to deny or revoke visas and immigration benefits for noncitizens who desecrate the flag. Legal experts, however, note that the Supreme Court’s decision in Texas v. Johnson (1989) established flag burning as a form of protected free speech.
The Debate Over Crime and Justice Reform
Supporters of cashless bail argue that the system ensures fairness. They claim cash bail disproportionately affects low-income communities and violates the Eighth Amendment’s ban on excessive bail. Critics, however, say the reforms have led to rising crime rates in major cities.
