Trump's cashless bail executive order potential impact on New York
In 2019, state lawmakers in New York passed legislation limiting the use of bail for many types of nonviolent crimes. This move was part of a broader bail reform effort that aimed to address systemic inequalities in the criminal justice system. However, the debate over bail reform has recently taken a new turn, with President Donald Trump issuing an executive order that targets New York's bail reform law.
The executive order, which declares that federal resources should not support places with "cashless bail policies," could potentially impact New York significantly. The state received nearly $97 billion from the federal government last fiscal year, according to a recent report from state Comptroller Thomas DiNapoli. If the Trump administration deems New York qualifies under the order's parameters, the state could risk losing a lot of money.
The bail reform law in New York does not get rid of cash bail altogether but limits its use for certain crimes. Judges can still set bail for violent offenses, various sex crimes, repeated shoplifting, and other offenses. The law was passed after the death of Kalief Browder, who spent nearly three years awaiting trial on Rikers Island.
Critics of bail reform claim it stokes crime and makes it too easy for people to commit new offenses while awaiting trial. They point to the pandemic-era violent crime spike, which has since subsided in New York City and other parts of the country, as evidence of the law's negative impact. However, it's unclear whether the Trump administration's executive order is legal, with constitutional law expert Alex Reinert at Cardozo Law School stating the order's language is "vague."
Insha Rahman with Vera Action, which advocated for bail reform, hopes the executive order will lead the Legislature to defend the policy against Trump instead of scaling it back once more. She believes the order could serve as a rallying point for those who support bail reform and want to ensure fairness and equity in the criminal justice system.
The Trump administration's executive order applies to crimes like violent crimes, sex crimes, looting, and vandalism. It instructs the U.S. attorney general to submit a list of states and localities that have "substantially eliminated cash bail" for crimes that threaten public safety and order. Federal agencies are supposed to identify any grants, contracts, or other funding they provide to those jurisdictions that could be suspended or terminated.
Since the bail reform law took effect in 2020, state lawmakers have already adjusted it multiple times in response to criticism and concerns about public safety. The future of bail reform in New York remains uncertain, with the Trump administration's executive order adding a new layer of complexity to the debate.
