Bail Reform Faces Backlash as Policymakers Move To Require Cash Bond for Pre-Trial Defendants

Due Process

C.J. Ciaramella | From the January 2026 issue

The long national debate over cash bail reignited in summer 2025 after the White House issued an executive order in August threatening to pull federal funding from jurisdictions that allow cashless bail.

The order channeled criticisms from conservative groups and law enforcement organizations that the bail reforms of the previous decade are allowing repeat offenders to roam free.

"Our great law enforcement officers risk their lives to arrest potentially violent criminals, only to be forced to arrest the same........

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