Criminal justice reform was a major bipartisan victory for Republicans during President Donald Trump’s first term. So far, there’s been little conversation on what, if anything, Republicans might do to build on that in his second term.
Between must-pass legislation — like passing a government funding bill — and big-ticket legislation — like the reconciliation package expected to include GOP priorities — Senate Republicans say criminal justice reform isn’t coming up in their conversations as they sort out priorities now that they have full control of Washington.
“I don’t know,” Republican Sen. Kevin Cramer told NOTUS when asked whether his party has an appetite for criminal justice reform in this Congress. “We have a lot going on. Honestly, if we did, it probably has to be the second year of [Trump’s term].”
Sen. Katie Britt ticked through a list of other priorities that would come first.
“I think the first thing that you’re going to see will be the securing of the border,” Britt said. “We got a lot of stuff ahead of us finishing the FY25 approps, starting the FY26 approps, getting these nominees confirmed, and working through reconciliation. I think we’ll see those be top priorities and then will get to tackle other things.”
There is some appetite within the Republican conference to turn back to criminal justice reform, especially among the most vocal advocates last time around. Sen. Chuck Grassley, one of the Republican leaders on the First Step Act criminal justice reform bill that Trump signed into law during his first term, told NOTUS he would like Congress to take up expansions to the act.
They include additional sentencing reductions for juvenile offenders and for nonviolent substance offenses. His proposals have been cosponsored by Democratic Sen. Dick Durbin, who teamed up on the First Step Act with him.
And Sen. Thom Tillis, who was a vocal proponent of passing the First Step Act, said Republicans would definitely have interest in addressing criminal justice reform in this Congress.
“I believe that there’s an appetite [among Republicans] for doing it, and there should be an appetite for the Democrats,” he told NOTUS. “The question is whether or not they’re going to insist on perfect versus good progress. And if they don’t insist on perfect, then I think we’ll make great progress.”
Others were less forceful in how much they wanted to prioritize criminal justice reform, even among lawmakers who supported the First Step Act.
Sen. Ted Cruz, who voted yes on the act, told NOTUS that criminal justice reform was a “major victory” during Trump’s last administration.
“It’s certainly a topic I’m interested in,” Cruz said when asked whether he would like to see the Senate pick the topic up — but he placed urgency on securing the border, one of Trump’s priorities.
The First Step Act, which became law in 2018, provided judges with more leeway to impose shorter prison sentences for nonviolent and low-risk offenders, and aimed to improve prison conditions.
The law also created a system in which incarcerated people can participate in programs intended to reduce recidivism and earn “time credits” to apply toward an early release. The effectiveness of the law has come under scrutiny by advocates and lawmakers. But at the time it was passed, with Jared Kushner — Trump’s son-in-law and former adviser — playing a central role in pushing for the bill’s passing, it was cheered by Republicans as a clear win.
“This bill today is going to make a loud noise,” Mike Lee, another senator who played a crucial role negotiating the First Step Act, said during Trump’s signing ceremony for the bill. “It’s going to make a loud noise that extends across Democrats, Republicans, liberals, conservatives, from one end of this country to another, reminding this country that President Donald J. Trump has made America safe.”
Lee’s office did not respond to an inquiry asking whether he thinks it’s likely Senate Republicans take up criminal justice reform in this Congress.
In the next few years after passing the legislation, Republicans soured on the bill as violent crime became a key issue among their voters. Outside of proposing an expansion of the federal death penalty, Trump was quiet during his 2024 campaign regarding criminal justice reform.
“I haven’t thought about that,” Sen. Tommy Tuberville told NOTUS regarding the party’s interest in addressing the topic. “Yeah, I would imagine. We got so much on our plate right now that [it’d have] to come from the White House.”
The White House did not comment on whether the administration would be open to pursuing further criminal justice reform.
Within the Senate Republican Conference there is not only criticism of the First Step Law, but some desire to undo it.
Sen. Josh Hawley, who was not yet a senator when the First Step Act passed but has criticized the legislation, told NOTUS the law went “exactly in the wrong direction,” and added that lowering mandatory minimums and creating exceptions is “generally bad.”
“I think we need to be increasing mandatory minimum sentences,” he said. “I think we need to be reinstating the guidelines and making them mandatory. So I would start there.”
Democrats pointed to the act and attorney general nominee Pam Bondi as a reason for optimism when working with Republicans on criminal justice reform. Bondi said in her opening statement that Trump’s past efforts on criminal justice were examples of him reaching “across the aisle to bring about real solutions.”
“There’s been a fair amount of blowback from the Republican side to the bipartisan efforts that Trump agreed with and signed off on and signed into law,” Sen. Sheldon Whitehouse, who was involved in negotiations for the First Step Act, told NOTUS. “And to me, the opening statement by Bondi was a pretty strong signal that the blowback has not affected Trumpworld with respect to continuing the efforts.”
Sen. Chris Coons told NOTUS that Trump’s campaign left him with “no idea” what to expect regarding criminal justice reform under his administration. However, his “good meeting” with Bondi left him optimistic.
“So look, I’ll remain hopeful that the record of the first-time administration on criminal justice reform means there may be some prospect for progress,” Coons said. “But with him, don’t know until he signs it into law.”
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Torrence Banks is a NOTUS reporter and an Allbritton Journalism Institute fellow.