While there are examples provided in the executive order, it is not clear on which crimes may be considered a “clear threat to public safety and order.” People of color are disproportionately placed in jail for the same actions as white counterparts, frequently for low-level non-violent offenses. Black and Latino men tend to more frequently have bail imposed and face higher bail amounts. In jurisdictions where bail is imposed, a majority of defendants are detained because they can’t afford to post bail. There are heavy consequences of detainment on the social determinants of health. Those detained can't go to work, provide childcare, the household is disrupted, significantly impacting stability in the family environment. Additionally, detention in jail itself can have health impacts on individuals themselves.
A directive issued by the President that manages operations of the federal government. Executive orders have the force of law but must align with existing statutes and constitutional authority.
Who It Impacts: Federal agencies and employees, directing them on how to implement laws or carry out government functions. Executive orders can also influence businesses and individuals when they relate to issues like immigration, trade, or labor policies.
Who Is Not Impacted: Private citizens and businesses do not have to directly follow an executive order unless it leads to regulations or policies that apply to them. For example, an executive order directing federal agencies to increase renewable energy use does not mandate action from private companies, but it may influence policy shifts that eventually affect them.
Summary
This executive order directs the suspension or termination of federal funding to states and local jurisdictions that have eliminated cash bail as a potential condition of pretrial release from custody for defendants charged with crimes that “pose a clear threat to public safety and order.”
Impact Analysis
Legal Challenges
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Associated or Derivative Policies
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Policy Prior to 2025
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