WASHINGTON — The first year of the Trump administration fueled speculation that criminal justice reform is over, as the federal government rolled back civil rights protections, adopted a more punitive agenda and moved in a markedly stricter direction, according to professor and lecturer Udi Ofer. However, the facts and data show a much more complicated story.
Although Washington has moved in a distinct direction, other levels of government have quietly taken different actions, such as passing bipartisan reforms. This directly shows how criminal justice reform in the United States has not collapsed; it has become more decentralized.
At the federal level, there has been a clear distance from the reform movement of the last decade, as evidenced by the Trump administration’s actions. Federal civil rights oversight of local police has been reduced, the use of the death penalty has increased, crime prevention initiatives have been defunded, due process for legal immigration has been compromised, and bail reform has been criticized.
All of these actions strongly push forward the narrative that reform is over. Yet, this argument is incorrect and incomplete.
Though the federal government is becoming stricter, state governments are still securing reforms. Rather than stopping the creation of reforms, states have increased the pace of change.
Contrary to many conventional beliefs, there was an increased number of reforms made in the final year of the Biden administration.
After analyzing multiple aspects of reform, such as policing, sentencing, justice and reentry, across laws enacted between 2021 and 2025, Ofer explained that the results show reform is still underway, though it has gradually slowed. Many harsh laws have been passed, while older reforms have been taken away.
Ofer also showed that many criminal justice reform systems continue across red, blue and purple states even during times of heavy political upheaval.
In 2025, 35 states passed at least one reform law, and in 2024, 32 states did. At least 654 reform laws were passed between 2021 and 2025.
The number of reform laws enacted grew from 96 in 2024 to 115 in 2025. These numbers strongly suggest that reform has not stopped; it is moving toward a more targeted practice.
These laws help many underserved communities that face harsh, targeted policies. These laws are often enacted quietly and push back against strict approaches targeting low-income communities.
In 2025 alone, states such as Arizona, Virginia, Oklahoma, South Dakota, Alabama, Georgia, Maryland, North Dakota, Arkansas, Utah, Delaware and Montana passed reforms and laws addressing a variety of issues affecting low-income people, from voting rights to sentencing to solitary confinement.
From 2021 to 2025, most reforms were back-end. These reforms focused on reentry, supervision and conditions of confinement, while front-end reforms addressed arrest, charging or sentencing decisions.
This is not surprising, as back-end reforms are easier to agree on, as many people advocate for fair treatment of people during and after sentencing. Many believe that harsh treatment will increase the risk of recidivism, putting public safety at risk.
Front-end reforms are harder to agree on, and some believe they should be implemented because harsher sentencing reduces crime. These reforms focus more on people outside the criminal justice system.
Twenty-eight Republican-led states pushed for reforms, while two Democratic-led states did so. This indicates that both parties support reforms.
Even with this progress, the reform system is still not perfect, as many harsh laws are being passed while older ones are being removed. Reform is not guaranteed but is happening at a slower pace.
The U.S. prison system continues to face significant challenges, as 1.9 million people are incarcerated in prisons or jails. Though incarceration rates declined from 2010 to 2020, they increased from 2021 to 2023, suggesting reform remains uneven.
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