President Donald Trump recently signed an executive order aiming to withhold federal funding from jurisdictions that have substantially eliminated cash bail, labeling such policies as a “government-backed crime spree.” The White House cited several New York City cases where individuals were released without bail after committing serious offenses, including assaulting a police officer and vandalizing a subway station .

In response, New York Governor Kathy Hochul and other state officials have clarified that New York has not fully eliminated cash bail. While the state did reform its bail laws in 2019 to eliminate cash bail for most misdemeanors and nonviolent felonies, subsequent legislative changes have restored bail requirements for certain offenses, including some violent crimes . Governor Hochul emphasized that the state’s bail system has been reformed, not eliminated, and that the federal government’s characterization of New York’s laws is inaccurate .

The executive order directs U.S. Attorney General Pam Bondi to identify jurisdictions that have substantially removed cash bail and to revoke federal grants from those that do not comply. This move has sparked a debate over the balance between federal authority and state autonomy in setting criminal justice policies .

Critics of the executive order argue that it misrepresents New York’s bail reforms and could undermine public safety by penalizing jurisdictions that have made efforts to address racial and economic disparities in the justice system. Supporters contend that eliminating cash bail for certain offenses has led to increased crime and recidivism, necessitating federal intervention .

As the situation develops, it remains to be seen how this federal action will impact New York’s criminal justice policies and whether other states with similar bail reforms will face similar scrutiny.