Opposition Letter By The Southern Poverty Law Center On The Common- Sense Law Enforcement And Accountability Now In Dc Act Of 2025 (H.R.
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…
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 by the Southern Poverty Law Center.
Southern Poverty Law Center,
Montgomery, AL, November 18, 2025.
Vote NO on H.R. 5107 and H.R. 5214
Dear Representative: On behalf of the Southern Poverty Law
Center, a civil rights organization committed to advancing
racial justice, public safety, and democratic accountability,
we write to urge you to vote NO on two deeply harmful bills--
H.R. 5107 and H.R. 5214--that together constitute a direct
assault on the District of Columbia's right to self-govern
and on decades of evidence-based progress in public safety.
Far from addressing genuine community needs, these proposals
would drag the District backward into punitive ``tough on
crime'' strategies that have already devastated Black and
Brown communities nationwide while failing to make anyone
safer.
Further criminalization and incarceration are not the
answer to complex societal challenges rooted in poverty,
inequality, and disinvestment. True public safety comes not
from harsh punishment, but from transforming the criminal
legal system, investing in community-based supports, and
reimagining safety in ways that are fair, effective, and
rooted in public health. The District's recent reforms--
including the accountability measures strengthened under the
Comprehensive Policing and Justice Reform Amendment Act of
2022, which H.R. 5107 seeks to overturn, and its long-
standing risk-based pretrial system, which H.R. 5214 would
upend--reflect precisely this kind of thoughtful, data-driven
policymaking. These reforms enjoy broad public support, align
with national best practices, and have contributed to
meaningful gains: D.C.'s crime rate is now the lowest it has
been in 30 years, and violent crime fell 35 percent from 2023
to 2024.
These achievements were not accidental. They are the result
of decades of community organizing, research-informed policy,
and consistent engagement with impacted residents. They
reflect a growing national consensus that smart, preventative
investments are more effective than reactionary
criminalization--and they save taxpayer dollars by shifting
scarce resources away from mass incarceration and toward
education, housing, mental health, and violence prevention.
H.R. 5107 and H.R. 5214 would undo this progress. By
stripping away essential police accountability measures and
re-imposing wealth-based pretrial detention, these bills
would re-entrench systems that have already been proven
ineffective, discriminatory, and fiscally irresponsible. They
would override the will of D.C. residents, destabilize
communities, and reinstate practices that make the District
less safe.
The residents of Washington, D.C., like those of any other
jurisdiction, deserve the right to elect leaders who
determine their own laws, public safety policies, and budget.
Yet these bills, introduced under the guise of improving
safety, are part of a broader political effort to impose
ideologically driven federal control on Black-led cities and
to roll back successful reforms through fear-based narratives
about ``law and order.'' This is not about safety; it is
about weaponizing federal power to score political points and
undermine civil rights protections. An administration that
truly cared about public safety would not have rescinded
hundreds of millions of dollars in federal grants for gun
violence prevention, victim services, and community-based
safety programs.
We urge Congress to reject these attacks on D.C.'s
autonomy. Allowing such federal overreach would set a
dangerous precedent for undermining local governance
nationwide, particularly in jurisdictions with progressive or
Black leadership. This fight is not just about the District
of Columbia, it is about protecting democracy, equity, and
self-determination in communities across the country.
Vote NO on H.R. 5214--``District of Columbia Cash Bail Reform
Act of 2025''
This bill seeks to do two things: create a list of offenses
for which a person must be detained for the entire pretrial
period based solely on what they were charged with, without
regard for the particular circumstances and without providing
due process; and create a list of offenses for which a person
must pay money in order to be released from pretrial
detention, even if they do not pose a risk to public safety
or a risk of flight. This bill would create a wealth-based,
two-tiered system of justice that benefits the multibillion-
dollar for-profit bail industry, all without improving public
safety.
Money bail creates a two-tiered system of justice without
protecting public safety
Money bail has created a two-tiered justice system--one
that privileges wealth over safety. It allows people with
money to purchase their freedom regardless of the risk they
pose to others, while those without financial means remain
jailed even when they present no threat This system doesn't
ask whether someone is dangerous; it only asks whether they
can pay. The result is a system where wealth, not justice,
determines who waits for trial at home and who waits behind
bars.
By setting a price on freedom, cash bail effectively
divides our justice system into two: one for the wealthy and
one for everyone else. Those who can afford bail walk free;
those who cannot are punished for their poverty without even
having been convicted of anything. Beyond being fundamentally
unfair, this practice undermines public safety. Pretrial
detention destabilizes lives--causing people to lose their
jobs, homes, or even custody of their children. Research
shows that the likelihood of a future arrest jumps from 24
percent after one day in jail to 45 percent after three days,
proof that unnecessary detention fuels instability and
recidivism. When someone cannot afford bail, they can sit in
jail for days, months, or even years without a conviction.
That is not justice--it is punishment for being poor.
Jurisdictions that have reformed their bail practices have
been successful
Every person deserves to live in a community that is safe,
fair, and just. Bail reform advances that goal by ensuring
that decisions about pretrial detention are based on public
safety--not on a person's wealth. Across the country, study
after study has proven that jurisdictions that have reformed
or eliminated cash bail have made their systems fairer
without increasing crime. Judges
who focus on safety rather than money make decisions that
better protect both individuals and their communities.
The results speak for themselves. After Illinois eliminated
cash bail, violent crime dropped by 7 percent and property
crime by 14 percent. New Jersey's reforms led to a 20 percent
reduction in violent crime while maintaining high court
appearance rates. In Harris County, Texas, ending cash bail
for most misdemeanors did not increase crime. A nationwide
study by the Brennan Center for Justice found the same
pattern across nearly two dozen jurisdictions: bail reform
does not lead to higher crime. The data is consistent and
compelling--bail reform enhances justice and preserves
safety, despite fearmongering from its opponents.
D.C.'s risk-based bail system has served as a national model
since 1992
For more than three decades, Washington, D.C. has shown
that a justice system without cash bail can work, and work
well. Since 1992, judges in D.C. have made pretrial decisions
based on a person's risk to public safety rather than their
ability to pay. The outcomes are impressive: in the last four
years, 88 percent of people released pretrial in D.C.
remained completely arrest-free, and 98 percent remained free
from arrest for violent offenses. These numbers demonstrate
that when freedom is tied to fairness, not finances,
communities are safer and more stable.
Under D.C.'s system, judges assess risk through evidence-
based hearings. Detention is used only when no safe
alternative exists, ensuring that pretrial incarceration is a
rare and deliberate outcome--not the default. D.C. also
invests in supportive pretrial services such as court date
reminders, transportation assistance, and access to mental
health care. These measures help people appear in court and
stay on track, strengthening both accountability and public
safety. Transparent hearings and timely decisions make the
process fair, fast, and equitable--showing that justice does
not have to come at the expense of compassion.
Mandatory cash bail only benefits the multibillion-dollar
for-profit bail industry
Mandatory cash bail doesn't protect communities--it
protects profits. The effort to roll back bail reform is a
handout to the for-profit bail industry, which thrives on the
desperation of working families. Bail bonds function like
predatory payday loans: families must pay a nonrefundable fee
to a bail bondsman, money they never get back--even if
charges are dropped. This $2 billion-a-year industry depends
entirely on maintaining cash bail, because without it, its
exploitative business model collapses.
The bail industry has built a powerful political machine to
protect its profits. The American Bail Coalition, its chief
lobbying group, spends millions to oppose reform efforts
across the country. It has partnered with well-funded
conservative organizations to push legislation that
criminalizes charitable bail funds--programs that help
families avoid these predatory practices. In short, mandatory
cash bail enriches a few at the expense of justice, safety,
and the public good. Congress should not allow corporate
greed to dictate who sits in jail and who walks free.
Mandatory pretrial detention based on charge alone violates
the Constitution
The proposed bill's provision requiring automatic pretrial
detention based solely on the charge is not only unjust--it
is almost certainly unconstitutional. The U.S. Supreme Court
made this clear in United States v. Salerno, holding that
pretrial detention must be a ``carefully limited exception,''
not the rule. Detaining someone without an individualized
hearing strips them of due process and violates one of our
most fundamental constitutional rights: the presumption of
innocence. Liberty cannot be taken away solely based on
accusation, without more.
We are not aware of a single jurisdiction in the country
that allows detention based solely on the nature of the
charge, and for good reason--it would not withstand
constitutional scrutiny. This bill would set a dangerous
precedent, eroding basic civil liberties and undermining
decades of legal precedent that protect fairness in our
criminal justice system.
Vote NO on H.R. 5107--``The Common Sense Law Enforcement and
Accountability in D.C. Now Act''
Congress should reject H.R. 5107 because it would override
critical public-safety reforms adopted unanimously by the
District of Columbia Council in the Comprehensive Policing
and Justice Reform Amendment Act of 2022--reforms designed to
hold officers accountable, improve transparency, and
strengthen community trust. These are not abstract ideals;
they were enacted in response to concrete, well-documented
failures within the Metropolitan Police Department.
The D.C. reforms were necessary to hold officers accountable
for serious misconduct
Before the Act, D.C. had no effective mechanism to remove
officers who engaged in egregious criminal behavior. A 2021
audit revealed that at least 64 officers were found by
internal investigators to have committed criminal misconduct.
The department attempted to fire 24 of those officers--but 21
were shielded by procedural barriers, often driven by union
intervention. Even more troubling, the department made no
attempt to fire more than 40 officers involved in criminal
conduct such as drunk driving, harassment, property damage,
theft, and stalking. Every officer credibly accused of
domestic violence remained on the force, including one
officer who admitted to punching his wife so hard in the face
that he fractured her eye socket, and another officer who
used a car to run over the mother of his child. Some officers
remain on the force due to the powerful police union's
refusal to allow officers to be held accountable. This was
true for a D.C. officer who, ultimately, remained on the
force after having been convicted of sexually assaulting a
woman in his patrol car.
The Act responded to these failures by streamlining the
process for removing officers who commit serious misconduct
and by prohibiting agencies from hiring officers with known
records of abuse. It also established a police-misconduct
database to prevent the well-documented problem of
``wandering officers''--individuals fired or forced out for
misconduct who quietly move to new departments. States like
Florida and Texas have documented hundreds to thousands of
such cases annually. There are almost 1,100 wandering
officers in any given year in Florida; in Texas, about a
quarter of law enforcement officers fired for misconduct were
subsequently hired by another law enforcement agency.
Weakening the Act would mean turning a blind eye to the
recycling of abusive officers. Databases to keep track of
officer misconduct help law enforcement agencies avoid
unknowingly hiring an officer with documented behavioral
problems.
The Act includes essential safeguards to address excessive
use of force
D.C. law enforcement reports roughly 2,300 use-of-force
incidents every year--a number that demands oversight,
especially since a small group of officers account for a
disproportionate share of these incidents. Eighty-six
officers reported five or more uses of force, and 17 reported
at least 10. Use of force overwhelmingly targets Black
residents, who are the subjects in roughly 94% of documented
incidents. Importantly, these numbers reflect only cases
officers self-reported, meaning the true numbers are likely
far higher.
To confront these issues, the Act created a Use of Force
Review Board, required robust de-escalation training, and
mandated public release of body-worn camera footage after
shootings and other serious events. Jurisdictions that
release such footage consistently see improved community
trust and enhanced transparency. Body cameras provide an
impartial record, encourage better policing practices, and
allow communities to participate meaningfully in oversight.
These policies do not endanger public safety--they strengthen
it.
Transparency and accountability lead to safer communities
Contrary to fear-based narratives, reforms that require
accountability do not undermine law enforcement; they help
restore public confidence and encourage collaboration between
police and the communities they serve. As the District's
Attorney General has explained, ``the Comprehensive Policing
and Justice Reform Amendment Act is designed to improve
public safety by strengthening cooperation between officers
of the Metropolitan Police Department (MPD) and the community
they serve. This legislation is essential in ensuring the
swift and certain discipline of officers who use excessive
force or violate constitutional rights, which will go far to
improve trust and mutual respect between police officers and
the community.''
By overturning D.C.'s locally enacted reforms, H.R. 5107
would reinstate a system where officers who commit serious
misconduct remain on the force, where excessive use of force
goes unaddressed, and where transparency is weakened.
Congress should respect D.C.'s democratic process, support
evidence-based public-safety measures, and vote NO on H.R.
5107.
In this pivotal moment, Congress has a choice: to respect
the District's democratic will and its proven, evidence-based
approach to public safety, or to impose regressive federal
mandates that endanger civil rights, destabilize communities,
and undermine decades of progress. H.R. 5107 and H.R. 5214
are not solutions--they are setbacks that would weaken
accountability, revive discriminatory practices, and replace
effective reforms with policies long discredited by research
and experience. We urge you to stand with the residents of
Washington, D.C., to uphold the principles of local self-
governance, and to vote NO on these bills. The nation is
watching, and your leadership in defending justice, equity,
and democracy is essential. For more information, please
contact Aiden Cotter, Senior Policy Counsel for Decarceration
and Decriminalization.
Best regards,
LaShawn Warren,
Chief Policy Officer.
Sakira Cook,
Federal Policy Director.