Trump's proposed executive order on cashless bail may impact New York, altering the financial landscape of the city's justice system.
In a move that has sparked controversy, the Trump administration has issued an executive order requiring 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. The order has left many questioning its legality, with constitutional law expert Alex Reinert from Cardozo Law School stating the language of the executive order is vague.
The order specifically mentions looting and vandalism as crimes that threaten public safety and order. However, it remains unclear if the executive order will apply to New York, a state that has taken steps to shift away from money bail. New Jersey and Illinois are among the states that have taken more drastic steps than New York in this regard.
The debate over bail reform in New York was ignited after the death of Kalief Browder, a 16-year-old who spent nearly three years awaiting trial on Rikers Island. In response, state lawmakers passed legislation in 2019, which no longer allows monetary bail for criminal defendants charged with many types of nonviolent crimes. The legislation allows judges to set bail for violent offenses, various sex crimes, repeated shoplifting, and other offenses.
Since the policy took effect in 2020, state lawmakers in New York have adjusted the bail laws multiple times, amid criticism from law enforcement and tough-on-crime politicians. Critics of bail reform claim it stokes crime and makes it too easy for people to commit new offenses while awaiting trial. However, a 2023 study found an increase in the rate of rearrest for people considered "high-risk" who already had a separate case pending and were later rearrested with a violent crime.
On the other hand, Michael Rempel, director of the Data Collaborative for Justice at John Jay College, found people were less likely to be rearrested in New York City overall after bail reform took effect. Insha Rahman with Vera Action, which advocated for bail reform, hopes the executive order will lead the New York Legislature to defend the policy against Trump instead of scaling it back once more.
New York received nearly $97 billion from the federal government last fiscal year, according to a recent report from state Comptroller Thomas DiNapoli. If the state loses federal funding due to the executive order, it could face fiscal damage. Alex Reinert does not anticipate litigation against the bail executive order right away, but if New York faces federal funding cuts, he expects officials to take the Trump administration to court.
The responsible origin group for the fulfillment of the presidential order is not directly identified in the provided search results. The executive order instructs federal agencies to identify any grants, contracts, or other funding they provide to these jurisdictions that could be suspended or terminated.
The debate over bail reform is a complex issue with profound implications for criminal justice reform in the United States. As the situation unfolds, it will be important to monitor developments and assess their impact on public safety and the fairness of the justice system.
