Legis
Law enforcement
Executive order · Monday 25 August 2025

Taking Steps To End Cashless Bail To Protect Americans

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  • Presidential Authority: The order is issued by the President based on constitutional authority and U.S. laws.

  • Public Safety Focus: The order emphasizes the need to incarcerate individuals who pose a clear ongoing risk to society due to pending criminal charges or criminal history.

  • Critique of Cashless Bail: It argues that releasing individuals without bail under local policies endangers public safety and wastes law enforcement resources.

  • Federal Policy Change: The Administration's policy will no longer support jurisdictions with cashless bail policies to enhance safety.

  • Action Items:

    • List of Jurisdictions: The Attorney General must submit a list within 30 days identifying states and localities that have substantially eliminated cash bail for serious offenses.
    • Funding Review: Federal departments and agencies will identify and potentially suspend or terminate funding to these cashless bail jurisdictions.
  • Order Limitations:

    • The order does not affect existing legal authorities or functions of the Office of Management and Budget.
    • It must align with applicable law and available appropriations.
    • The order does not create enforceable rights or benefits for any party against the U.S. or its entities.
  • Publication Costs: The Department of Justice will cover the costs for publication of the order.