Yesterday, the U.S. House of Representatives passed a proposed bill to reimpose a cash bail system on DC, a drastic change that would displace and destabilize the current, public safety-focused system that the DC Council adopted more than 30 years ago.
The bill, which went through the House without a single witness at any hearings, seeks to both reimpose cash bail in DC and create mandatory detention for certain crimes, and, if made law, will lead to a bail system created on wealth rather than using DC’s current bail system, which focuses on public safety and risk of flight factors when making pre-trial release decisions.
Tzedek DC and allies are urging the Senate on a bipartisan basis to reject this proposal. Tzedek DC co-led a coalition of 180 organizations and concerned individuals in the submission of a joint letter earlier this week to the Senate and House detailing why the bill violates Home Rule and would harm DC residents if enacted. DC Congresswoman Eleanor Holmes Norton submitted the coalition letter to the Congressional Record during yesterday’s floor debate in the House.
This advocacy followed the release of a new report by Tzedek DC on “Why Imposing Cash Bail Would Fail the People of DC.” The report details how, for 33 years, the District has been a national model for its risk-based detention system. Through a data-based approach, the report illustrates how DC’s current risk-based pretrial detention system has been effective and promoted public safety, how cash bail systems around the country have harmed communities and failed to improve public safety, and how a sudden cash bail mandate would threaten to overwhelm DC’s already dangerous and overcrowded jail and destabilize DC’s courts, all while exacerbating DC’s persistent racial disparities.
The coalition letter and Tzedek DC report have been featured in multiple local and national news outlets this week.
Tzedek DC’s report was referenced and linked in the Washington Post article, “Taking Trump’s lead, House Republicans eye changes to D.C. bail, policing.” The article features a quote from Tzedek DC Direct Ariel Levinson-Waldman, noting that the legislation would “punish poor people who may not pose a public safety risk to the community.”
An article by The Bail Project featured Tzedek DC Staff Attorney and Returning Citizens Project lead Hannah Milem in their piece on “The Fight Over Freedom in D.C.” Hannah said, “We all want safer, healthier communities. But taking away freedom from people who can’t pay doesn’t make anyone safer—it just makes injustice deeper.”
Interviews with Ariel were also broadcast on DC News Now and FOX5. DC News Now and FOX5 also released accompanying articles ahead of and after the vote, titled “DC advocates, leaders push back on House effort to reinstate cash bail system” and “House Republicans pass bills aimed at changing cash bail, police policies in DC,” where you can also view the segments.
Tzedek DC team members stood shoulder to shoulder at a rally in support of the pro-DC advocacy on Capitol Hill and are pictured below standing in support of remarks made by Ward 8 Minister Christian Watkins of the NETWORK Lobby for Catholic Social Justice. Tzedek DC is also grateful that Councilmember Robert White at the rally cited Tzedek DC’s report in his remarks.
Tzedek DC will continue to advocate against federal action seeking to reimpose cash bail in DC. As the bill moves to the Senate, Tzedek DC and allies will continue to fight for DC policy to be set by DC’s Home Rule Act-elected leaders based on best practices, data, and DC’s public interest, including public safety and economic justice.
About Tzedek DC
Tzedek DC’s name is drawn from the ancient Jewish teaching “Tzedek, tzedek tirdof,” or “Justice, justice you shall pursue.” Headquartered at the University of the District of Columbia David A. Clarke School of Law and with offices also in Ward 8, Tzedek DC’s mission is to safeguard the legal rights and financial health of DC residents with lower incomes facing the often-devastating consequences of debt collection and credit-related obstacles. This mission is carried out as anti-racism work in response to the massive wealth gaps tracking race in DC and nationwide. Tzedek DC seeks to serve and empower our client base, which is comprised of 90% Black people, 60% women, and 25% disabled community members. Our strategic approach combines three synergistic activities: (i) free direct services—legal representation and advice and financial counseling; (ii) working in coalition to make systemic change; and (iii) providing bilingual community legal education on debt collection, identity theft, and credit management. Since launching in 2017, Tzedek DC has served over 6,000 households and catalyzed systemic change benefiting hundreds of thousands of DC community members.