On January 8th, the Judiciary Committee of the United States House of Representatives held a hearing in which they discussed two reactionary and dangerous bills aimed specifically at increasing the number of presumed innocent people imprisoned while awaiting trial. 

H.R. 5213, titled “No Federal Funds for Cashless Bail Act,” would prohibit Illinois and many other states from receiving millions of dollars in federal funding each year if we don’t abandon the Pretrial Fairness Act and require the use of money bond in many, if not most, criminal cases. 

H.R. 6260, titled “Keeping Violent Offenders Off Our Streets Act,” would subject non-profits who pay money bails for people who can’t afford it. It would affect organizations such as our friends in the National Bail Fund Network and even churches who pay money bails to the same federal regulations and state oversight that applies to for-profit bail bonds agencies, thus making it more difficult for grassroots organizations to raise and use money to pay bail for people who cannot afford it.

Both bills are unmistakable attacks on pretrial justice reform efforts and the broader movement to reduce racism within the criminal courts.

It is important to note that this committee hearing occurred the day after an ICE agent murdered Renee Nicole Good in Minneapolis, something that several Democrats on the committee focused on. Members noted how inappropriate it was for the committee, whose responsibilities include oversight of law enforcement, to go forward with the hearing on these bills rather than address—or even acknowledge—the unjustified killing of a U.S. citizen by a federal agent. 

With respect to the bills themselves, Republicans followed their standard playbook of fearmongering and lying about the effect of pretrial reforms. At the start of the discussion on HR 5213, Republican Rep. Jim Jordan claimed that violent crime rates in Democratic states such as Illinois have been increasing over the past five years since pretrial reforms went into effect. In fact, violent and property crime rates in Illinois and other states have been decreasing, and murders in Chicago are at a 60-year record low. 

Illinois Representative Chuy Garcia delivered a powerful argument that money bail is an unjust policy that has no connection to public safety. He explained that people accused of crimes forced to pay money to secure release have not been convicted of any crime and a judge has deemed them eligible for release, but they can’t pay up, so they sit in jail. Rep. Garcia stated that “money bail doesn’t keep dangerous people in jail, it keeps poor people in jail.” Other Democratic committee members pointed out that that money bail does not make our cities safer and simply provides a mechanism for wealthy people to buy their way out of jail, regardless of the risk they pose, while everyday people languish in jail and lose their jobs, homes, custody of their children, and more.

Both resolutions were referred to the full House, where we hope common sense, acknowledgement of the real data regarding crime rates, and compassion will prevail. The bills would have to pass the U.S. Senate as well before they could potentially become law.We are grateful to the committee members who are standing strong and resisting efforts to increase the number of legally innocent people who are jailed awaiting trial. 

For the past five years, communities across the state have worked with Illinois legislators to defend the Pretrial Fairness Act. We know that members of the General Assembly, the Governor, and state and local leaders at all levels will continue to refuse to bow down to Donald Trump—just like the national movement for pretrial justice refuses to give in to these attacks. For too long, the money bond system harmed Black, brown, and poor communities across our state. We’re never going back.