On August 25, 2025, President Donald J. Trump signed an Executive Order that ends the use of cashless bail for individuals whose criminal charges or histories show a continued risk to public safety. The action is intended to address concerns about repeat violent offenders being released before trial.
The America First Policy Institute (AFPI) has stated its strong opposition to what it describes as the abuse of cashless bail policies by certain judges and prosecutors. AFPI argues that these practices can put communities at risk by allowing individuals accused or convicted of violent crimes to be released without sufficient oversight.
According to AFPI, cashless bail was originally created to help nonviolent defendants who could not afford traditional bail. However, the organization claims the policy is now used in ways that allow repeat violent offenders to return to their communities with little restriction. AFPI references its May 2024 report, “Progressive Prosecutors Abusing Their Power,” which discusses how some recent criminal justice reforms—including broader decriminalization and reluctance to prosecute repeat offenders—have affected accountability and community safety.
AFPI states: “Our justice system must ensure that violent individuals who present a threat to the safety of our communities are held in custody pending trial, without excessively punishing those who have been charged with low-level or nonviolent crimes, or nonviolent individuals without the financial resources to post bail.”
The organization notes that while cashless bail was intended as a response to economic inequality in pretrial detention decisions, it may also enable people with violent backgrounds to be released too easily. AFPI adds: “This policy was meant to be used thoughtfully, not as a revolving door to release violent repeat offenders back on the streets.”
AFPI supports President Trump’s Executive Order and says: “Lawlessness ends when accountability begins. President Trump’s actions move us away from cashless bail for serious violent crimes, so high-risk offenders aren’t turned loose to reoffend—protecting victims and restoring confidence in the rule of law.”
Brett Tolman, Chair for Law & Justice at AFPI, said: “Cashless bail for serious crimes is a dangerous experiment that makes communities less safe,” adding, “When individuals charged with violent offenses are released without safeguards, accountability vanishes, victims pay the price, and the trust citizens place in the justice system erodes.”
