Stefanik bill would link federal funds to bail reform

ALBANY, N.Y. (NEXSTAR) — U.S. Congressmember Elise Stefanik of New York introduced a bill in the House of Representatives on Monday called the “Keep Violent Criminals Off Our Streets Act” that would cut federal funding to states and localities that limit the use of cash bail. If passed as is, that prohibition would start on October 1.

Stefanik said she and fellow Republican U.S. Senator Marsha Blackburn of Tennessee are “working alongside President Trump to end the cashless bail disaster” and that they “can’t allow arrested individuals who are awaiting trial to be released back onto the streets to commit more crimes against their communities.” Their proposal changes a 1968 law to end certain grants awarded to states or local governments that have introduced reforms to how suspects are detained by law enforcement before trial.

The bill prevents the attorney general from giving these Edward Byrne Memorial Justice Assistance Grants to any government that “substantially limits cash bail as a potential condition for every individual charged with a covered offense” Covered offenses would include murder, rape, carjacking, robbery, burglary, assault, looting, vandalism, destruction of property, rioting, or fleeing from a law enforcement officer.

The Edward Byrne Memorial JAG program is the main source of federal funding for municipalities, funding law enforcement, prosecution, courts, crime prevention, corrections, and drug treatment. That funding is based on a formula factoring state populations and the amount of violent crime reported.

President Donald Trump signed two executive orders in late August to to link federal funding to state and local cashless bail policies or practices, aiming to prevent releasing dangerous suspects who pose some threat before trial. One order focused Washington, D.C., but the other applied nationally, telling Attorney General Pam Bondi to list states and localities that “substantially eliminated cash bail” for crimes that endanger public safety.

The orders direct federal agencies to find any grants or contracts that could be terminated in such places. When people are released without bail, they are “permitted—even encouraged—to further endanger law-abiding, hard-working Americans,” according to the White House.

Stefanik said her legislation would “build on [Trump’s] efforts and make them permanent.” She added that “Under Kathy Hochul’s failed leadership, cashless bail policies in New York pose a clear and present danger to the nation and must be terminated.”

The federal moves followed a 2019 New York State law that ended cash bail for most misdemeanors and non-violent felonies. Republican New York State Assemblymembers Matt Simpson and Chris Tague praised Trump’s orders, with Simpson claiming he has “stood firmly against the disastrous bail reform policies pushed by Albany Democrats from day one.”

Tague called the orders a “welcome step forward,” sending a clear message that “public safety cannot be sacrificed for political agendas.” He blamed divisive culture wars on single-party dominance on the part of New York Democrats.

For her part, Stefanik—the likely Republican nominee for governor in 2026—has called New York’s pretrial detention policy a “catastrophic disaster leading to a crime crisis.”

Democratic New York State Senator Julia Salazar, Chair of the Committee on Crime Victims, Crime and Correction, described cash bail as unconstitutional. She explained that 2019 reforms to the cash bail system for most misdemeanors and non-violent felonies because the system punished low-income New Yorkers, disproportionately affecting Black and brown people. Senator Salazar stated that

“How much money you have should never determine whether or not you spend your time before trial behind bars as a legally innocent person,” Salazar said. She said the orders will force poor people and people of color into jail while their white counterparts go free. She also claimed that the executive orders represent another example of defunding states that fail to follow him, a tactic she said he’s used against LGBTQ+ and immigrant communities.

The New York Civil Liberties Union’s Executive Director, Donna Lieberman, said the executive order is a way to peddle fictions about public safety despite crime nearing historic lows and declining. “President Trump doesn’t let facts get in the way of his tired fearmongering or his police-and-punishment-first agenda,” she added.

The Center for Community Alternatives’ Director of Advocacy and Organizing in New York, Katie Schaffer, called the executive orders a “dangerous act of political theater” that prioritize “bad politics over good policy.” She said bail reform worked without compromising public safety, and that data shows improved court appearance rates and rearrests essentially unchanged.

According to the CCA, research shows that “the safest communities are the ones with the most resources, not the highest incarceration rates or the most militarized streets.” The organization pointed out that the old system saw tens of thousands jailed annually, not because of guilt but because they couldn’t pay. They argued that pretrial jail time disrupts lives, makes rearrests likelier, taints the presumption of innocence, separates families, and forces people into unfair plea deals.

Echoing Salazar, both the NYCLU and the CCA said the executive order reinforces a two-tiered system that lets people with money buy their way out of accountability. A press release from Stefanik’s office, meanwhile, cited a 2023 study out of Yolo County, California, finding that a “Zero Bail” policy caused a 163% increase in crime and a 200% increase in violent crime compared to those who posted bail.