Among President Trump’s many goals in his second term is an effort to end bail reforms that reduce the use of cash bail for many criminal charges. Executive orders from the White House and bills introduced in both chambers of Congress seek to enact various versions of these reforms. 

Now, New York Congressmember Elise Stefanik is among those seeking bail reforms with legislation recently introduced in the House of Representatives. 

Federal Bills, Executive Orders Target Bail Reforms Nationwide

Rep. Stefanik recently introduced a bill called the “Keep Violent Criminals Off Our Streets Act.” The bill seeks to cut federal funding to states and municipalities that limit the use of cash bail. U.S. Senator Marsha Blackburn of Tennessee has introduced a similar measure in the Senate. 

The proposed bills change a 1968 law that provides cash grants to state and local governments. Currently, the law allows Edward Byrne Memorial Justice Assistance Grants to go to government units, even if those units limit the use of cash bail. 

The bills’ changes would prohibit the attorney general from sending the grant money to state and local governments that “substantially limit cash bail” for those charged with any “covered offense.” Covered offenses include several violent felonies, as well as burglary, looting, vandalism, destruction of property, and fleeing from a law enforcement officer. 

If passed, the bill would require state and local governments to use cash bail for the listed charges or risk losing their funding from the Edward Byrne Memorial JAG program. These grants are a significant source of federal funding for many states and localities. 

In late August 2025, President Trump also signed two executive orders attempting to link federal funding to the end of state and local cashless bail efforts. One order focused on Washington D.C., while the other sought a national approach. 

New York’s Efforts to Reform the Bail System

In 2019, New York passed a statewide law to end cash bail for many misdemeanors and non-violent felonies. While those accused of violent felonies still had to post cash bail when it was set, those charged with lesser offenses did not have to come up with the money – or contract with a bail bondsman – to secure their freedom prior to trial. 

New York’s efforts have raised controversy since the law was passed. Supporters point to the Constitutional principle that a person charged with a crime is innocent until proven guilty. They note that forcing people to come up with money for bail is an equity issue, one that often means people sit in jail for lacking access to cash, not because they pose a danger to the public. Opponents also point to the Constitution’s cash bail requirement and note that letting people out of jail before trial could raise the risk that those people might commit one or more crimes. 

How Bail Could Affect Your New York Criminal Case

Cash bail remains a difficult issue to solve. Supporters of cash bail reform are correct that criminal trial rights include the right to be considered innocent until proven guilty. Statistics also show that many people lose their freedom before trial because they cannot pay for bail, irrespective of the risk they may or may not pose to the public. 

However, those who want to preserve cash bail can point to the Eighth Amendment’s provision that “excessive bail shall not be required” – a provision they say implies that the Constitution requires the provision of cash bail as a system. They also argue that public safety concerns outweigh any worries about imprisoning those considered innocent or imprisoning those who simply don’t have the money available to pay bail. 

Currently, whether you’re expected to pay bail – and how much – in New York depends on the charges you face and a judge’s determination. A judge can decide whether to set bail for many types of charges. When bail is an option, a judge may also set the amount of bail an accused person must pay. 

Whether a judge agrees to set bail in a case, and how much, can both affect your liberty before trial – during a time when you are still considered innocent. Working with an attorney can help you protect your rights. 

What To Do If You’re Facing Criminal Charges in New York

If you’re under investigation or have been charged with a crime in New York, don’t wait. Talk to an experienced New York criminal defense lawyer right away. The team at the Brill Legal Group can help you protect your legal rights and seek the best possible outcome in your case. To learn more, contact us today.