President-elect Donald Trump has been accused of countless things, but he has never been predictable.
Criminal justice policy is a good example. Even President Obama could hardly have predicted that the landmark prison reform that was blocked under the previous administration would be passed in President Trump's first term.
Not only that, but around President Trump's Thanksgiving in 2018 tilted Then-Senate Majority Leader Mitch McConnell (R-Ky.) first step actsenators were reluctant to make the move because it divided the Republican caucus.
The bill is the most in-depth federal prison policy since the 1994 Clinton-Biden crime bill. Among other provisions, it repealed mandatory minimums in low-level drug cases and allowed some people in federal prisons to finish their sentences by completing rehabilitation programs.
The First Step Act ultimately passed the Senate with the following provisions: 87 votes And it was successful.
criminal justice council analysis A study last year found that people released under the law were 37 percent less likely to return to federal prison than similar people released before the law went into effect; 's analysis found that outcomes improved, with the rate dropping by 55 percent with enforcement of the law. for the first four years after the law is enacted.
Trump touted the bill heavily during the 2024 campaign. south carolina state speech and Bloomberg interviewand his appointed Attorney General. co-led A coalition of 38 state attorneys general urged Congress to approve the bill.
Right now, many people in the country, including many criminal justice reform advocates, are worried about the impact of the second Trump administration. Such uncertainty is understandable.
When I first met with White House Counsel Jared Kushner about the policy that became the First Step Act in 2017, even he wasn't entirely sure that his father-in-law would accept the policy shift. told in his memoirs.
But what worked once can work again. official couple Organizing the evidence about what policy To break the cycle of crime, rebuild families, and expand the workforce. alice marie johnson.
Johnson is Trump forgiven At Kim Kardashian's suggestion, Featured Indeed, there are reasons to believe that the past can be prologue.
First, Mr. Trump has a reputation for toughness, which puts him in a good position to repeat the “Nixon to China'' success story. Even during the election campaign, there were outlandish suggestions that crimes could somehow be solved. one day crackdown It was linked with the support of legalization of marijuana.
Second, Mr. Trump was elected with a much broader coalition than in 2016 and enjoyed support. voters of color and win 56 percent President Biden won the same share of the young male vote in 2020. young man and racial minority Americans are the people most likely to encounter the criminal justice system.
Criminal justice reform is most popular with young votersa group that Trump and other Republicans are eager to keep moving in their direction.
At the same time, among lower crime rates; It's natural for Americans to be irritated by persistent rich people. intensive violence And the broader issue is hindrance It reduces our quality of life, but it doesn't show up in most crime reports that focus on serious felonies.
Mr. Trump and his team will face the challenge of reconciling law and order and “don't tread on me,” two strains of thought that have broad support on the center-right.
Fortunately, there are many policies, like the First Step Act, that promote both safety and freedom. Take bipartisanship, for example. marijuana banking law it is reduce robbery While expanding the use of cash dispensaries, it also gives consumers the personal freedom to pay for cannabis with a credit card.
Another proposal, bipartisan victim lawwill invest resources in solving more serious crimes. of Clearance rate for criminal cases has fallen sharply over the past few decades a frustrated victim And we have allowed too many dangerous perpetrators to remain on the streets.
There is also unfinished business in fully implementing the First Step Act.
Still pending in bipartisan Congress First step implementation method will make change Examples include giving judges additional discretion when applying mandatory minimums in drug cases and allowing people who committed crimes as juveniles to be considered for parole after serving 20 years in prison. .
Yet another bipartisan proposal, equality law — It would end the sentencing disparity between crack and cocaine cases. failed approach It created racial inequality without benefiting public safety.
Similarly, bipartisan Safety supervision law will empower people earn money your way Exemplary conduct probation termination and supervised release allow us to focus more resources on those who pose a threat to public safety.
Finally, policy improvements Veterans involved in the justice system Also, the appointment of a former Georgia House of Representatives member, among others; first step act champion Doug Collins becomes Secretary of Veterans Affairs.
There are many reasons for optimism, but there are also minefields ahead. Unlike the First Step Act, in which Trump and Congress came together to focus on the federal system, the dangers primarily involve the executive branch's attempts to determine state and local policy. Washington, D.C., often forgets that fighting crime is, and should remain, primarily the responsibility of state and local governments.
Attempts to dictate state and local policy through executive action and grantmaking in areas such as policing and corrections undermine this legacy and, more importantly, our constitutional order.
The Heritage Foundation documented Given how the left has historically disparaged the virtues of federalism and placed limits on executive and agency proclamations, the next administration should hold fast to this long-standing bulwark of conservative legal thinking.
But if not, there is a solution. In 2018, a three-person Republican-appointed committee decided in Congress on the 7th.th circuit court of appeals dominated The Justice Department does not have the authority to withhold criminal justice funding from localities with sanctuary city laws.
Regardless of the merits of such laws, courts have properly held that agencies cannot unilaterally add eligibility conditions for grants not specified by Congress.
Still, even if President Trump revives this proposal or another; agenda 47 To condition federal funding on the nation's more than 18,000 law enforcement agencies adopting a “stop-and-frisk” model of policing. create a sense of distrust and cannot reduce crimethe Supreme Court will make the final decision. It is unfortunate that we will go down this path, but it is not unprecedented.
media warns “Normalize” President Trump That aside, nothing in our history is more normal than for a president to push or tear at the limits of his authority. Administrative overreach can have devastating effects.
For example, President Franklin Roosevelt announced: presidential order It tragically resulted in the mass internment of Japanese Americans. Although not of comparable significance, more recently the Supreme Court decided That's what Biden did when he unilaterally expanded student loans.
But the First Step Act proved that bipartisan reform focused on the federal system is possible and can make America safer. Mr. Trump may be unpredictable, but his words have proven prescient when: announcement He expressed support for the First Step Act, saying, “Americans across political lines can unite around prison reform legislation that will reduce crime and give our fellow citizens a chance at redemption.”
Mark A. Levin et al. is the federal government's chief policy advisor. criminal justice council It can be accessed at mlevin@counciloncj.org @marcalevin on X.
