President Donald Trump just signed an executive order to end cashless bail in D.C. and other jurisdictions around the nation, threatening to withdraw federal funding from these regions if they don’t comply. 

Cash bail is a policy that allows people waiting for trial to pay money to get out of jail until their court date. If you come back to court by the designated date, you’ll get your money back. But this means that those who are presumed innocent can end up being detained weeks or even years as they await trial, according to The Bail Project, a nonprofit that provides free bail assistance to families in need. 

Over the past decade, St. Louis, Los Angeles County, Illinois, New Jersey and New York have eliminated cash bail for most crimes or ended it entirely. Illinois reformed its legal system by implementing a rule that says anyone who’s been charged with an offense is eligible for release before trial. Judges have the ability to order pretrial detention in certain cases. 

Activists have called cash bail inequitable. “What it says is, ‘if you’re wealthy or if you have access to resources, the justice system works for you,’” said activist Kayla Reed, executive director of Action St. Louis, in a 2018 Marketplace interview. Action St. Louis is a grassroots racial justice organization. 

The White House pointed to a 2023 study from Yolo County, California that found eliminating cash bail “resulted in 163% more crime and 200% more violent crime compared to those who posted bail.” 

But the Brennan Center for Justice analyzed crime data from 33 cities from 2015 through 2021, finding that bail reform does not affect crime rates — rates in cities with bail reform were similar to those without reform.

The Trump administration has commonly used the threat of funding withdrawals to get institutions to follow its demands. In recent months, the administration has frozen funds at major universities, only allowing them to regain access if they agree to eight- or nine-figure settlements.