[Congressional Record Volume 171, Number 195 (Wednesday, November 19, 2025)]
[Extensions of Remarks]
[Pages E1099-E1100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OPPOSITION LETTER LED BY THE AMERICAN CIVIL LIBERTIES UNION ON THE
COMMON-SENSE LAW ENFORCEMENT AND ACCOUNTABILITY NOW IN DC ACT OF 2025
(H.R. 5107) AND THE DISTRICT OF COLUMBIA CASH BAIL REFORM ACT OF 2025
(H.R. 5214)
______
HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Wednesday, November 19, 2025
Ms. NORTON. Mr. Speaker, today, the House of Representatives debated
the Common-Sense Law Enforcement and Accountability Now in DC Act of
2025 (H.R. 5107) and the District of Columbia Cash Bail Reform Act of
2025 (H.R. 5214). I include in the Record a letter opposing these bills
led by the American Civil Liberties Union.
November 18, 2025.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Speaker Johnson and Leader Jeffries: On behalf of the
ACLU, ACLU DC, National Urban League, and The Bail Project we
write to express our opposition to the D.C. Cash Bail Reform
Act (H.R. 5214) and the Common Sense Law Enforcement and
Accountability in D.C. Now Act (H.R. 5107).
We urge all Members to ``Vote NO'' on H.R. 5214 and H.R.
5107. The ACLU will score these votes.
The D.C. Cash Bail Reform Act
H.R. 5214, the DC Cash Bail Reform Act, requires mandatory
detention on a wide range of cases and is almost certainly
unconstitutional under the requirements set out by the
Supreme Court in United States v. Salerno. This bill would
reverse more than 30 years of successful, data-driven
pretrial policy reforms in D.C. and replace it with a wealth
based system that fuels mass incarceration, racial
disparities, and benefits the 2 billion dollar bail industry.
D.C.'s pre-trial system is grounded in individual
assessment, not based on wealth. The federal Pretrial
Services Agency for the District of Columbia evaluates each
person's likelihood of appearing in court and assesses
individualized conditions of release to support community
safety. The results of D.C.'s current risk and safety based
pretrial system outperform most cash-bail jurisdictions in
the country. Ninety-two percent of people released pretrial
in D.C. remain arrest-free before trial, 87% appear for their
court dates, and 86% complete the pretrial period without any
compliance violation.
H.R. 5214 would replace D.C.'s current risk and safety
based system with a cash bail system that requires mandatory
detention for a wide range of conduct. Cash bail would
disproportionately harm Black D.C. residents. Nearly 90% of
the D.C. jail population and 80% of the people released
through the Pretrial Services Agency are Black, due to
systemic overpolicing. Abolishing D.C.'s pre-trial system
which balances risk and safety and on an individualized
basis, and replacing it with a cash bail system which favors
release for wealthy defendants and imprisons those who cannot
afford bail, would deepen existing racial disparities and
disproportionately separate Black families from their
communities, jobs, and housing.
The District of Columbia has operated a successful risk and
safety based system for more than three decades. These
policies were informed by input from local stakeholders
including courts, prosecutors, police, and community members.
Congress should not override the local policy making process
of D.C. stakeholders and the will of D.C. residents and
democratically elected leaders.
A pre-trial system that relies on regular check-ins,
targeted social-service referrals, and text message reminders
consistently outperforms cash bail systems at securing
appearance and protecting public safety. Maintaining housing,
employment, child-care, and medical care substantially
reduces recidivism and promotes community safety. D.C.'s
current pre-trial system is a calibrated approach to public
safety that appropriately weighs public safety risks while
also considering the need of individuals to maintain critical
supports such as housing and employment on a case by case
basis. In contrast, H.R. 5214 would implement a cash bail
system that would financially ruin many of D.C.'s lower
income families, force many parents, disproportionately women
and Black women, out of the workforce, and expose children to
the well-documented harms of parental detention, all of which
increase long-term risks to public safety and community
wellbeing. The D.C. Cash Bail Reform Act will harm D.C.
residents and will not make D.C. safer because it ignores the
evidence and data on pretrial detention and thirty years of
local input and governance.
The Common Sense Law Enforcement and Accountability in D.C. Now Act
H.R. 5107, the Common Sense Law Enforcement and
Accountability in D.C. Now Act, would repeal D.C.'s
Comprehensive Policing
[[Page E1100]]
and Justice Reform Amendment Act of 2022 (CPJRAA), which
enacted several recommendations to improve public safety,
accountability, and trust. These recommendations came from
the D.C. Police Reform Commission, a body of retired law
enforcement, community leaders, experts, and directly
impacted residents. Among the critical provisions that H.R.
5107 would repeal are reforms to officer discipline
processes. These reforms were recommended after several
officers in D.C. were reinstated despite major misconduct
including sexual assault and domestic violence. D.C.
residents, D.C. police chiefs, and the D.C. Auditor all
opposed the laws that H.R. 5107 would reimpose, which allowed
police to keep their jobs even when they committed a crime or
broke the law. As the D.C. Auditor reported, ``MPD management
expressed frustration over the reinstatement of `bad cops'
and concern that MPD officers are demoralized when their
colleagues are reinstated despite breaking the rules. They
suggested that officers may be more likely to engage in
misconduct when they believe they have a good chance of
overturning any resulting discipline.''
H.R. 5107 would also repeal many other common-sense reforms
of D.C.'s laws that have been adopted across the country,
including:
Timely and thorough investigation of incidents that involve
deadly use of force by an officer or a death in custody.
Release of body camera footage in cases of serious bodily
injury or death in custody.
Background checks so only highly qualified officers are
hired, and those who engage in misconduct cannot simply leave
one jurisdiction to be hired in another.
With appropriate safeguards and limits, preservation and
dissemination of officer disciplinary records that are
subject to open records requests.
Strengthening use of force review boards.
Increased training, as well as clearer guidance on use of
force.
Limiting the possession or use of certain military-grade
equipment by law enforcement agencies.
H.R, 5107 would repeal a locally approved law that provides
transparency and accountability for police misconduct and
promotes community safety.
For these reasons, the ACLU, ACLU DC, National Urban
League, and The Bail Project strongly urge Members to vote NO
on H.R. 5214, the DC Cash Bail Reform Act, and vote NO on
H.R. 5107, the Common Sense Law Enforcement and
Accountability in D.C. If you have any questions, please
contact Nina Patel, Senior Policy Counsel ACLU Justice
Division.
Sincerely,
American Civil Liberties Union, American Civil Liberties
Union of the District of Columbia, The Bail Project, National
Urban League.
____________________