Taking Steps To End Cashless Bail To Protect Americans
This Executive Order (EO 14342), signed August 25, 2025, directs the federal government not to use policies or resources to support state or local jurisdictions that have "substantially eliminated cash bail" for crimes the Administration says pose clear threats to public safety. The Attorney General must produce a list of such jurisdictions within 30 days and update it as needed. Federal departments and agencies, working with the Office of Management and Budget (OMB), must identify federal grants and contracts currently provided to those listed jurisdictions that could be suspended or terminated, to the extent allowed by law. Purpose: the EO frames cashless bail reforms as a public-safety problem and aims to discourage those reforms by threatening withdrawal of federal funding. Because it is an executive order (not a law passed by Congress), its effect depends on what federal agencies can legally do under existing statutes and on available appropriations. The order also preserves agency authorities and explicitly says it does not create private legal rights.
Key Points
- 1Policy statement: Federal policy will be to avoid supporting jurisdictions that have substantially eliminated cash bail for offenses the Administration considers clear public-safety threats (violent, sexual, indecent acts, burglary, looting, vandalism).
- 2Attorney General list: The Attorney General must, within 30 days, submit to the President a list of states and localities that, in the AG’s opinion, have substantially eliminated cash bail for those crimes; the AG must update the list as needed.
- 3Funding consequences: Heads of executive departments and agencies, coordinating with OMB, must identify federal funds (including grants and contracts) currently provided to the listed jurisdictions that may be suspended or terminated, "as appropriate and consistent with applicable law."
- 4Implementation limits: The EO must be carried out consistent with existing law and subject to the availability of appropriations; it does not change statutory authorities of agencies or OMB functions and does not create enforceable private rights.
- 5Administrative details: The Department of Justice will bear the publication costs; the order relies on agency discretion and legal review to determine which funds can be withheld.