Payam Javan: President Donald Trump is calling on Congress to pass legislation banning cashless bail nationwide, a move that would effectively override state laws allowing defendants to be released before trial without paying bail. Trump argues the measure is necessary to address rising crime rates and ensure public safety, framing the issue as a priority for national security.

The proposal directly challenges bail reform measures adopted by several states in recent years, which aimed to reduce pretrial detention for low-level offenses and address inequities in the criminal justice system. Such reforms, particularly in New York, have been both praised for reducing jail overcrowding and criticized for allegedly enabling repeat offenders.

Resistance to Trump’s plan has emerged from state leaders, including New York Governor Kathy Hochul, who defended the state’s 2019 bail reform law and its subsequent amendments. Hochul emphasized that recent changes have already given judges greater discretion in setting bail, arguing that New York’s system balances public safety with fairness for defendants.