Skip to Main Content

The Importance of Cash Bail and How It Affects Immigrants


Why Illinois is Eradicating Cash Bail

The cash bail system is a system that requires people to pay money in order to be released from jail while waiting for their trial. The cash bail system is unfair because it discriminates against low-income people who cannot afford the bail amount. The cash bail system also creates a two-tiered justice system where wealthy people are able to buy their way out of jail while poor people are not. In Illinois, the state has decided to stop using this system and instead use a risk assessment tool that will assess whether or not an individual is likely to commit another crime and/or fail to show up for court.

The New Bail Reform in Illinois and the Power of Cash Bail

Illinois is getting rid of cash bail to combat racism since most arrested there are Black.

Starting Jan. 1, Illinois will no longer keep people in jail who haven’t been convicted of a crime based on ability to pay bail. This new move has been met with mixed reactions. Criminal justice advocates are thrilled, while prosecutors are criticizing the plan. The state is set to become the first in America to eliminate cash bail altogether.

New York and New Jersey have already started to reduce their dependence on money bail in recent years, but both have gone further than Illinois. Democrats who control the Legislature approved legislation in January 2021, which made Illinois exempt from a national movement to reduce as much reliance as possible on money bail. They argue that this system unfairly punishes the poor and disproportionately puts more African-Americans in prison.

The Problems with Cash Bail that Illinois is Trying to End

There are a few lawyers in Illinois who oppose this new legislation because they believe it will have damaging consequences for the state penal system and release dangerous criminals with just a court summons.

Cash bail is a set amount of money that defendants are required to pay in order to be released from jail before their trial. It is not always easy for defendants to come up with the money for bail, which means they will have to stay in jail until their trial.

The new legislation would end cash bail and replace it with a system that assesses the risk of each defendant and sets their bond according to that risk assessment. Defendants who are deemed low-risk would be released on their own recognizance while high-risk defendants would be kept in custody.

Why Criminal Justice Reform in Illinois has Major Meaning for the Future

Other states will pay attention to what happens in Illinois. There are some promising reforms in Illinois that could lead to better outcomes for all states.

The Illinois Criminal Justice Reform is a set of bills that have been introduced by Governor Bruce Rauner and will be voted on in the next few weeks. If these bills pass, it will be one of the most significant criminal justice reforms in decades.

Other states will pay attention to what happens in Illinois, as it could lead to more progressive criminal justice reform across the country. The cash bail system is one of the most significant contributors to racial inequality in the criminal justice system.

This perpetuates poverty and unfair systems that keep people of color and immigrants locked away in circumstances they have no control over. The cash bail system disproportionately punishes people of color and low-income people by forcing them to pay for their freedom before they can even stand trial.

If passed, this bill will end this racist and unjust practice for good.

Why Immigrants are Afraid of the Criminal Justice System in America

The criminal justice system in America is not welcoming to immigrants. They are afraid of being deported and they are scared of the consequences that they might face if they are arrested.

Immigrants are afraid of the criminal justice system in America because they are often treated unfairly and without mercy. They are afraid of being falsely accused and deported.

Many immigrants who have been in America for years, but don’t have a green card or citizenship, live in fear that they will be deported if they get charged with a crime. The criminal justice system is not fair to them because they may not be able to afford bail and the police may use excessive force against them.

The Impact of Illinois’ Decision to Get Rid of Cash Bail – for Immigrants

This change is expected to help immigrants avoid unnecessary detention and deportation while they await trial. Furthermore, it will also ease the burden on taxpayers who are footing the bill for this system that many believe to be unjust.

The cash bail system is an unfair, inefficient, and expensive way to keep people out of jail while they await trial. It’s unfair because it forces poor people to stay in jail while wealthier people can pay their way out. It’s inefficient because it costs $40,000 per year for each person who is detained in jail due to inability to pay bail.

In Illinois, the cash bail system is being replaced with a new system that will prioritize the release of immigrants and other low-risk offenders. This new system has been implemented as a way to reform the criminal justice system.

The decision to get rid of cash bail was made in response to a study that found that the cash bail system disproportionately impacts low-income defendants, immigrants, and people of color.

Questions? Need help?

Give us a call at Shepelsky Law Group: 718-769-6352

Email us: secretary.shepelskylaw@gmail.com