No one should sit in jail just for being poor — this Executive Order restores fairness to America’s bail system

Note: These are sample Executive Orders, not actual ones, created for conceptual and educational purposes only.

Executive Order on Ensuring Equal Justice in Pretrial Release

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose.

The United States justice system must treat all individuals equally, regardless of wealth. The previous order entitled “Taking Steps To End Cashless Bail To Protect Americans” undermined this principle by threatening jurisdictions that reformed bail practices to ensure fairness. That action risked reviving a system where poor defendants remain jailed pretrial solely because they cannot afford bail, while wealthier defendants go free. This Executive Order restores fairness, protects public safety, and strengthens the integrity of the judicial system.

Sec. 2. Policy

It is the policy of my Administration to:

• Ensure that pretrial release decisions are based on risk, not on wealth or ability to pay.
• Respect the constitutional rights of individuals presumed innocent until proven guilty.
• Support state and local jurisdictions that implement evidence-based pretrial practices such as risk assessments, court reminder systems, and supervised release programs.
• Prohibit discrimination between wealthy and poor defendants in access to liberty before trial.

Sec. 3. Revocation of Prior Order.

1. Executive Order 141XX, “Taking Steps To End Cashless Bail To Protect Americans” (August 2025), is hereby revoked in full.
2. All agency actions, guidance, or funding restrictions based on that order are rescinded.

Sec. 4. Protection of Fair Pretrial Practices.

1. The Department of Justice (DOJ), in consultation with the Office of Management and Budget (OMB), shall ensure that no federal funds are withheld from states or localities solely because they adopt or maintain cashless bail or similar reforms.
2. The DOJ shall issue guidance within 90 days encouraging jurisdictions to use non-monetary conditions of release that are tailored to risk and protect public safety.
3. Federal grants for criminal justice programs may prioritize funding for jurisdictions that implement fair, evidence-based pretrial systems.

Sec. 5. Equal Rights in Pretrial Detention.

1. The Attorney General shall, within 180 days, provide Congress with recommendations for legislation to prohibit wealth-based detention in federal courts.
2. Federal pretrial services shall adopt best practices ensuring defendants are not detained solely due to inability to pay bail.
3. Federal agencies must coordinate with state and local courts to support services such as text-message reminders, transportation assistance, and supervised release — proven methods to ensure court appearances without unnecessary detention.

Sec. 6. Monitoring and Accountability.

1. The DOJ shall collect and publish annual data on pretrial detention, broken down by income level, race, and geography, to ensure transparency and equity.
2. An interagency working group on Equal Justice in Pretrial Release is hereby established, chaired by DOJ and OMB, to oversee implementation and report progress annually.

Sec. 7. General Provisions.

(a) Nothing in this order shall impair or otherwise affect:

• the authority granted by law to an executive department or agency; or
• the functions of the Director of the Office of Management and Budget.
  (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
  (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, officers, employees, or agents, or any other person.

Signed:
[President’s Name]
The White House
[Date]

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Equal Justice in Pretrial Release

Ending Wealth-Based Detention: A New Executive Order Restores Fairness in Bail.

The President has signed a groundbreaking Executive Order that reverses the previous administration’s directive to penalize jurisdictions using cashless bail. The old order threatened to punish states and cities that reformed bail laws to ensure fairness, risking a return to a system where poor people sat in jail simply because they couldn’t afford bail, while wealthier defendants walked free.

This new order restores balance to America’s justice system. It fully revokes the August 2025 “End Cashless Bail” directive, protects jurisdictions that use fair pretrial practices, and directs the Department of Justice to support evidence-based programs that improve public safety without punishing poverty.

Key provisions include:

• Revoking harmful exclusions: No jurisdiction will lose funding for adopting cashless bail reforms.
• Protecting fairness: Pretrial detention cannot be based on wealth alone.
• Investing in solutions: Agencies will support programs like court reminders and supervised release that help defendants show up without unnecessary jail time.
• Transparency and accountability: DOJ will collect and publish national data on pretrial detention and its impacts.

By ensuring equal justice in pretrial release, this order affirms that liberty cannot be bought and fairness must apply to every American, regardless of income.