US Judge Blocks Transfer of Former Federal Death Row Inmates to Maximum-Security Prison

Court rules prisoners likely to succeed in claims of due process violations from planned move to ADX Florence

Published on Feb. 13, 2026

A US federal judge has temporarily halted a plan by the Trump administration to move 20 former federal death row prisoners to the country's most restrictive correctional facility, the United States Penitentiary, Administrative Maximum Facility in Florence, Colorado. The judge ruled the prisoners would likely succeed in their claims of a violation of their Fifth Amendment due process rights from the planned transfer.

Why it matters

This case highlights the ongoing legal battles over the treatment of former death row inmates whose sentences were commuted to life imprisonment. It raises questions about the limits of the government's authority to designate prisoner placements, especially when it appears the process may have been predetermined.

The details

In a 35-page opinion, Judge Timothy J. Kelly of the US District Court for the District of Columbia granted a preliminary injunction against the Bureau of Prisons (BOP) redesignating the prisoners to ADX Florence. The court found the inmates presented substantial evidence suggesting their transfers were effectively predetermined before the administrative process began, violating their due process rights. The judge stressed that when the government seeks to deprive a person of a protected liberty interest, 'the process it provides cannot be a sham.'

  • On February 13, 2026, a US federal judge issued a temporary halt to the Trump administration's plan to transfer 20 former federal death row prisoners to the maximum-security ADX Florence prison.

The players

Judge Timothy J. Kelly

A US District Court judge for the District of Columbia who granted a preliminary injunction blocking the transfer of former federal death row inmates to the maximum-security ADX Florence prison.

President Donald Trump

The former US president whose administration had planned to transfer the former death row inmates to the restrictive ADX Florence facility.

Attorney General Pam Bondi

The US Attorney General who issued a directive to the Bureau of Prisons requiring the transfer of the former death row inmates to ADX Florence.

President Joe Biden

The former US president who commuted the death sentences of the 37 inmates to life imprisonment in December 2024.

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What they’re saying

“At least for now, [the plaintiffs] will remain serving life sentences for their heinous crimes where they are currently imprisoned.”

— Judge Timothy J. Kelly, US District Court Judge (JURIST)

“When the government seeks to deprive a person of a protected liberty interest, 'the process it provides cannot be a sham.'”

— Judge Timothy J. Kelly, US District Court Judge (JURIST)

What’s next

The judge's preliminary injunction will remain in place as the case proceeds, with the court set to determine whether to issue a permanent injunction blocking the transfer of the former death row inmates to ADX Florence.

The takeaway

This case highlights the ongoing legal battles over the treatment of former death row inmates, with the courts serving as a check on the government's authority to unilaterally transfer prisoners to more restrictive facilities. It underscores the importance of due process protections, even for those convicted of heinous crimes.