New York Leaders Respond to Trump’s Cashless Bail Executive Order

For now, they’re taking a step back.

On Monday, New York officials opted for a cautious approach regarding President Trump’s executive order aimed at eliminating cashless bail.

Following Trump’s directive, Attorney General Pam Bondi compiled a list of states and localities over the next 30 days. She expressed concern that this could “virtually eliminate” cash bail and cut federal funding for those that don’t comply.

However, many have criticized the order, suggesting it lacks clarity and is prone to various interpretations.

“President Trump doesn’t quite grasp how laws function in New York,” said Jen Goodman, spokesperson for Governor Kathy Hochul.

“New York hasn’t abandoned cash bail. His reckless threats may destabilize law enforcement and lessen community safety.”

New York’s contentious bail reforms were implemented in 2020, largely as a response to the tragic suicide of Kalief Browder, who spent three years on Rikers Island for allegedly stealing a backpack.

This reform, enacted by former Governor Andrew Cuomo, significantly reduced bail requirements for misdemeanors and nonviolent felonies but kept them in place for serious crimes such as murder and robbery.

Many in law enforcement and politics believe this change has led to increased crime, with repeat offenders released for minor offenses.

As a result, state lawmakers have made several amendments to broaden the range of qualifying offenses and give judges more discretion in imposing bail.

Still, critics like Trump argue that these changes have not gone far enough.

“It started in New York and it’s been a disaster for crime,” Trump stated during a press briefing.

The executive order demands states to report on those that have abolished cash bail for crimes that pose significant threats to public safety, including violent acts and vandalism.

A spokesperson for Cuomo dismissed the order, asserting that New York already has bail measures in place for violent crimes.

“The drafters of this executive order seem unaware of New York’s laws, as our state does require cash bail for serious offenses,” he mentioned.

Nicole Gelinas, a fellow at the Manhattan Institute, noted that although the order might resonate with lawmakers frustrated by bail reform, it ultimately isn’t the right approach.

“It’s problematic for the federal government to try to exert control over state functions,” she stated. “We have a federal system for a reason.”

State Assembly Speaker Carl Heastie criticized Trump’s directive as a “distraction,” asserting that the president can’t arbitrarily withhold federal funds.

Even though federal funds could potentially be affected, New York has already received substantial financial support from the federal government.

Any changes to accommodate Trump’s order would require significant alterations to state law, giving judges the power to reinstate bail for specific offenders.

Interestingly, the five district attorneys in New York City did not respond to requests for comment on the executive order.

The directive has garnered support from various figures, including Mayor Eric Adams and Republican challenger Curtis Sliwa.

“Everyone knows my stance on revolving doors, and they understand the impact on the city,” Adams told reporters.

Sliwa criticized Cuomo, who is running for mayor, for introducing these reforms initially.

“Cashless bail has proven to be a disaster for New York, allowing repeat offenders back onto the streets,” he remarked, expressing agreement with Trump on the need for the executive order.

Elise Stefanik, eyeing a gubernatorial run in 2026, indicated her intention to back efforts in Congress to strengthen cash bail laws.

“New Yorkers have suffered from rising violent crime due to dangerous policies under one-party rule,” she argued.

Jennifer Harrison, from the Victim Rights Reform Council, suggested that the vague language of the order might actually serve as an advantage in fighting crime.

“While the executive order appears ambiguous, that could be beneficial,” she said. “It provides the Attorney General with wide latitude, potentially holding progressive prosecutors accountable.”

Yet, how this order will be implemented remains uncertain, as noted by Rafael A. Munger from the Manhattan Institute.

“There’s hope that these executive orders will motivate states like New York to revisit their pre-trial release policies,” he indicated.

“Trump’s actions highlight a broader dissatisfaction with current bail reforms nationwide.”