Take Action: Stop Harmful Bail Legislation in Congress - The Bail Project

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Every night in America, nearly half a million people sleep in jail cells – not because they’ve been convicted of anything, but because they cannot afford to buy their freedom before trial. This fuels a two-tiered justice system where the wealthy walk free regardless of their risk to the general population, while everyone else disappears into a cage. 

The results are devastating: public safety is compromised by a system that prioritizes wealth over risk, families are separated, and jobs and housing are lost overnight – all while taxpayers are handed a $14 billion annual bill.

In response to this reality, many states have implemented successful data-driven reforms designed to modernize the law. The U.S. Congress, however, is considering dangerous bills to attack this bail reform across the country. 

H.R.s 5213 and 5625 would unconstitutionally punish states who have enacted these reforms. H.R. 6260 would twist federal criminal codes to include charitable bail organizations – even though existing state and federal laws already prohibit any criminal acts by these regulated groups. 

All together, these bills would gut police budgets and endanger communities until states bend to federal will – by recentering money, rather than safety, in their pretrial systems. If these bills pass, pretrial detention rates and taxpayer costs will increase, people who cannot afford their cash bail amounts will have even fewer options, and Americans will ultimately be less safe.

This is not justice – it’s blackmail, with your freedom as the demanded ransom.

More about the Dangerous Bills

Right now, H.R.s 5213, 5625, and 6260 are moving through the House of Representatives. Together, they would wrongfully punish states and localities for enacting bail reform – policies that make bail systems safer and more just. 

Specifically, H.R.s 5213, 5625, and 6260 would:

  • Drain Taxpayer Dollars: Pretrial incarceration already costs Americans $38 million per day – that’s $14 billion annually. These bills will increase jail populations dramatically, forcing taxpayers to foot the bill for locking up people who have not been convicted of a crime.
  • Undermine States’ Rights: Under the Tenth Amendment, states have the right to design their own justice systems. These bills would allow the federal government to override the decisions of local leaders who know their communities best.
  • Make Communities Less Safe: Data shows that bail reform does not increase crime. By replacing cash bail with data-driven safety assessments, local systems can focus on reducing risk rather than setting a price tag on liberty. These bills would unravel that progress.
  • Defund Proven Public Safety Measures: These bills threaten to strip states and localities of Byrne JAG grant funding – millions of dollars in critical federal funds that support community safety, including law enforcement, drug treatment, victim services, and court operations.

Your Voice Will Make a Difference

You elect legislators to be the voice of your community, which means your voice matters. Lawmakers pay attention when they hear directly from their constituents.

These bills could move forward at any moment – the time to act is now.

How to Take Action

Click this link to email your congressperson!

Americans deserve better. You can help stop these harmful bills – but we must act fast. Email your house representative today and demand a NO vote on H.R.s 5213, 5625, and 6260.

Thank you for reading and your willingness to engage in a complicated and urgent issue. In addition to providing immediate relief by offering bail assistance, we at The Bail Project are working to advance systemic change. Policy change doesn’t happen without the support of people like you. If you found value in this article, please consider taking action today by donating.

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Deputy Director of Policy

Nicole Zayas Manzano

Nicole most recently served as an Advocacy & Policy Counsel in the ACLU’s Campaign for Smart Justice, where she worked in states across the country to cut the number of people behind bars in half while challenging racism in the criminal legal system. Prior to joining the ACLU, Nicole served as Counsel and Senior Manager in the Justice Program at the Brennan Center for Justice at NYU School of Law, and for their project Law Enforcement Leaders to Reduce Crime & Incarceration. Nicole spearheaded campaigns to end mass incarceration by advocating for more fair crime policy and practices federally and in states. Nicole holds an undergraduate degree in history from the University of Massachusetts-Amherst, and earned her law degree from Fordham University School of Law.

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