Judge Blocks DOJ Plans to Move Ex-Death Row Prisoners to Supermax

Ruling cites due process violations in Trump administration's effort to relocate 20 inmates to nation's most restrictive federal prison.

Published on Feb. 12, 2026

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A federal judge in Washington, D.C. has temporarily blocked the Trump administration's plans to relocate former federal death row inmates to the country's most restrictive supermax prison, the Administrative Maximum Facility in Florence, Colorado. The judge ruled that the Justice Department deprived the 20 prisoners of their 5th Amendment right to due process by overriding an individualized assessment process that had been conducted to determine each inmate's appropriate security level and placement.

Why it matters

This ruling highlights ongoing legal battles over the treatment of federal prisoners, especially those whose death sentences were commuted to life in prison. It also raises questions about the balance of power between the executive branch and the judiciary when it comes to decisions about prisoner transfers and incarceration conditions.

The details

The 20 prisoners named as plaintiffs were among 37 people on federal death row whose sentences were commuted to life in prison by former President Joe Biden in the final days of his presidency. As part of that commutation process, each prisoner went through an individualized assessment to determine their security level and other incarceration needs. However, after taking office in 2025, President Donald Trump signed an executive order for the Justice Department to reassess the relocation plans, and the department then informed the prisoners they would all be sent to the supermax facility in Florence, Colorado.

  • In the final days of his presidency in 2021, former President Joe Biden commuted the death sentences of 37 federal prisoners.
  • In January 2025, newly-elected President Donald Trump signed an executive order for the Justice Department to reassess the relocation plans for the 37 prisoners whose sentences were commuted.
  • On February 12, 2026, a federal judge in Washington, D.C. temporarily blocked the Justice Department's plans to transfer 20 of those prisoners to the supermax facility in Florence, Colorado.

The players

Judge Timothy J. Kelly

A federal judge in Washington, D.C. who ruled that the Justice Department deprived the 20 prisoners of their 5th Amendment right to due process.

Pam Bondi

The Attorney General who initiated the transfers of the 20 prisoners to the supermax facility in Florence, Colorado.

Joe Biden

The former president who commuted the death sentences of 37 federal prisoners in the final days of his presidency.

Donald Trump

The newly-elected president who signed an executive order for the Justice Department to reassess the relocation plans for the 37 prisoners whose sentences were commuted.

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What they’re saying

“The Constitution requires that whenever the government seeks to deprive a person of a liberty or property interest that the Due Process Clause protects — whether that person is a notorious prisoner or a law-abiding citizen — the process it provides cannot be a sham.”

— Judge Timothy J. Kelly (Breitbart)

What’s next

The judge's order blocks the prisoners' transfers to the ADX Florence supermax facility while their lawsuit against the move plays out.

The takeaway

This case highlights the ongoing legal battles over the treatment of federal prisoners, especially those whose death sentences were commuted, and the tension between the executive branch's authority over incarceration decisions and the judiciary's role in protecting prisoners' constitutional rights.