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Civil rights advocates are warning President Donald Trump’s recent executive order rolling back cashless bail reforms for certain crimes is a step backward, arguing it punishes individuals with lower incomes.

Nationwide, nearly two-thirds of the more than 526,000 people in jail are awaiting trial, most because of unaffordable bail.

Sara J. Rose, deputy legal director for the ACLU of Pennsylvania, said cash bail punishes people for being poor and was never meant to protect public safety.

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"I think in the executive order, it suggests that the purpose is to protect public safety, but that's not what it's for," Rose contended. "Cash bail is to ensure that people show up for court proceedings. And we know there's been a lot of studies done, there's a lot of other more effective ways to make sure that people show up for their court proceedings than to assign cash bail."

A Brennan Center for Justice report found no link between bail reform and crime. Researchers studied data from t33 U.S. cities between 2015 and 2021, including 22 with bail reform and saw no significant difference in crime rates.

Rose recommended Pennsylvania use smarter, fairer methods such as text reminders and early access to public defenders to ensure people show up for court instead of relying on cash bail.

Rose noted the president’s executive order does not directly control state courts but threatens to withhold federal funds from communities not using cash bail. She pointed out most counties in Pennsylvania continue to use cash bail and assign it arbitrarily, without any basis on how it impacts families, communities and the economy.

"Not only does it cost the government money to keep them in jail, but then when people are in jail, they can't go to work, they can't take care of their kids, they lose their jobs, they lose their housing," Rose outlined. "Then we end up having to pay for all of those collateral effects too. So this is a really inefficient system."

Pennsylvania may ban cashless bail for certain crimes under Senate Bill 490. The bill would stop judges from letting people who are considered "public safety threats" go free without paying bail. The ACLU opposes the legislation and said it is unfair to low-income people and people of color, and would not keep dangerous people in jail if they can afford bail.