Judge Blocks Transfer of Ex-Death Row Inmates to 'Supermax' Prison

Ruling says Trump administration likely violated due process rights of inmates granted clemency by Biden

Published on Feb. 12, 2026

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A federal judge has temporarily blocked the Trump administration from transferring 20 ex-death row inmates, granted clemency by former President Biden, to the most restrictive 'supermax' prison in the nation. U.S. District Judge Timothy Kelly ruled that the men were likely to succeed in showing their due process rights were skirted by the administration in its bid to send them to the Administrative Maximum Facility (ADX) in Florence, Colorado.

Why it matters

The case highlights the ongoing tensions between the Trump and Biden administrations over criminal justice policies, with the Trump team seeking to impose harsh conditions on inmates granted clemency. It also raises questions about the due process rights of prisoners, even those convicted of serious crimes.

The details

Judge Kelly ruled that the administration likely determined the inmates' transfers to the ADX facility before their hearings and appeals, denying them a 'meaningful opportunity to challenge' the move. The ADX facility is known for its extreme isolation and restrictive conditions, which the judge said the record 'overflows with evidence' of describing as harsh.

  • In the final days of his term in December 2024, former President Biden commuted the death sentences of 37 inmates, leaving just three 'hard cases'.
  • On his first day in office, President Trump issued an executive order directing the Attorney General to pursue the death penalty 'for all crimes of a severity demanding its use' and ensure the 37 former death row inmates served out their life sentences in 'conditions consistent with the monstrosity of their crimes and the threats they pose'.
  • On February 12, 2026, U.S. District Judge Timothy Kelly temporarily blocked the Trump administration from transferring the 20 ex-death row inmates to the ADX facility in Florence, Colorado.

The players

Timothy Kelly

A U.S. District Judge appointed by President Trump, who ruled that the Trump administration likely violated the due process rights of the ex-death row inmates in seeking to transfer them to the ADX facility.

Joe Biden

The former President who granted clemency to 37 death row inmates in the final days of his term, commuting their sentences to life without parole.

Donald Trump

The former President who, upon taking office, issued an executive order directing the Attorney General to pursue the death penalty and ensure the 37 former death row inmates served out their life sentences in harsh conditions.

Pam Bondi

The Attorney General appointed by President Trump, who was directed to pursue the death penalty and ensure the former death row inmates served out their life sentences in harsh conditions.

David Fathi

The director of the National Prison Project at the American Civil Liberties Union, which represents the ex-death row inmates in the lawsuit.

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What they’re saying

“That is so because it is likely their redesignations were determined before their process even began, and that — despite their hearings and appeals — they had no meaningful opportunity to challenge them.”

— Timothy Kelly, U.S. District Judge (thehill.com)

“But 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.”

— Timothy Kelly, U.S. District Judge (thehill.com)

“Judge Kelly's decision makes clear that the Trump administration cannot disappear people to the harshest prison in the federal system to score political points.”

— David Fathi, Director, National Prison Project at the ACLU (thehill.com)

What’s next

The judge's temporary block on the transfer will remain in place as the lawsuit filed by the ex-death row inmates proceeds.

The takeaway

This case highlights the ongoing tensions between the Trump and Biden administrations over criminal justice policies, with the Trump team seeking to impose harsh conditions on inmates granted clemency by the previous administration. It also raises important questions about the due process rights of prisoners, even those convicted of serious crimes.