Crime & Law

Trump Signs Executive Order Targeting No-Cash Bail Policies in Illinois and Across US

President Donald Trump on Monday signed an executive order threatening to freeze federal funding to governments and jurisdictions that have eliminated the use of cash bail as a means of holding defendants in jail pretrial.

The president on Monday signed an executive order targeting governments that allow cashless bail, claiming such policies “allow dangerous individuals to immediately return to the streets and further endanger law-abiding, hard-working Americans.”

Illinois became the first state to fully do away with cash bail in 2023 following an intense legal battle.

Cook County Board President Toni Preckwinkle on Monday said the Trump administration is “trying to bring us back to the days when a person’s access to money mattered more than safety.”

“Nearly two years later, violent crime is down across our region,” Preckwinkle said in a statement. “And it’s not because Donald Trump is President.”

Specifically, the order signed Monday directs U.S. Attorney General Pam Bondi to compile a list of state and local jurisdictions that employ cashless bail policies. The Trump administration plans to then identify what federal funds are currently provided to those jurisdictions that can be suspended or terminated.

Included in a list of “dangerous release” examples cited in the order is a case from Rockford in which a 25-year-old charged with murder was released pending trial — a move which the Trump administration claimed was “endangering the community.”

Trump has been escalating his focus on public safety, particularly in Democratic cities such as Washington, where he’s deployed National Guard troops and federal agents over the objections of local officials.

The president has more recently threatened to deploy troops into Chicago, drawing intense pushback from local officials.

The Pretrial Fairness Act, which officially ended cash bail in Illinois, faced legal challenges that caused monthslong delays to its implementation. While proponents of the bill expressed frustration by the hold up, the extra time ultimately allowed for additional prep before cash bail officially went away.

Under the Pretrial Fairness Act, people arrested for certain serious felonies in Illinois — including murder, sexual assault and violent robberies and burglaries — can still be denied pretrial release. But that decision is no longer based on their ability to pay a set bail amount.

Prosecutors must request a detention hearing and the decision whether to hold someone will be made at a judge’s discretion based on factors including the defendant’s likelihood to flee or any public safety risk that person may present.

Initial reports found court proceedings moved smoothly once cash bail was eliminated. Studies also found that violent crime and property crime decreased in the months after the Pretrial Fairness Act took effect.

Mayor Brandon Johnson’s office on Monday said Chicago has recorded “historic reductions” in crime and violence through the implementation of a holistic approach to community safety. According to the mayor, homicides in the city are down 32% in 2025 compared to last year, while overall violent crime is down more than 21%.

“Cook County and its partners at the state and city will work to defend the laws and policies that are helping to keep communities safe and protect the right of all residents,” Preckwinkle said. “We cannot return to a system that criminalized poverty, contributed to mass incarceration and harmed families and communities.”

The Associated Press contributed to this report.

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