Taking Steps To End Cashless Bail To Protect Americans

This executive order directs the Attorney General to identify state and local jurisdictions with cashless bail policies for certain crimes, and requires federal agencies to find federal funds flowing to those jurisdictions that may be suspended or terminated. It does not itself cut any funds but sets up a conditional funding review process targeting jurisdictions that have eliminated cash bail for public-safety-threatening offenses.

Federal Register Open PDF 90 FR 42129

Impact dates

Sep 24, 2025
Attorney General submits list of cashless bail jurisdictions to President

Key directives

Attorney General to submit list of cashless bail jurisdictions within 30 days
Attorney General to update list as necessary
Federal agency heads to identify suspendable/terminable federal funds to listed jurisdictions, in coordination with OMB Director
Implementation subject to applicable law and availability of appropriations

Who is ordered

Timeline

Immediate

Attorney General must begin compiling list of cashless bail jurisdictions

Near term (90d)

Attorney General list due to President (within 30 days)
Federal agencies must identify suspendable/terminable funds to listed jurisdictions
Potential for federal funding disruptions to begin

Long term

Ongoing funding conditionalities based on bail policy
Potential legal challenges to funding cuts
Possible shifts in state/local pretrial policy in response to federal pressure

Risks & tensions

Conditional federal spending may face Tenth Amendment and spending clause constitutional challenges
Vague standard 'substantially eliminated cash bail' gives Attorney General broad discretion
'As appropriate and consistent with applicable law' and 'subject to availability of appropriations' may limit actual fund suspension
Potential conflict with bipartisan state-level bail reform movements
Could affect jurisdictions that have reduced but not fully eliminated cash bail—scope uncertain