A federal judge on Wednesday put the Trump administration's plan to ship 20 former federal death row inmates to ADX Florence on ice, at least for now. U.S. District Judge Timothy J. Kelly issued a preliminary injunction that stops the Bureau of Prisons from redesignating the prisoners to the country's most secure federal "supermax" facility while their lawsuit moves forward. For the moment, the men will stay at federal facilities in Terre Haute, Indiana.
Judge Says Transfer Process Fails the Fairness Test
Kelly found that the evidence so far suggests the transfers were effectively decided in advance, which he said likely violated the inmates' Fifth Amendment right to due process. Quoting from his opinion, he wrote that "the process it provides cannot be a sham," and ordered a pause in the transfer plan while the case plays out in court, according to CourtListener.
From Commuted Death Sentences to a New Legal Fight
The dispute grew out of President Joe Biden's decision in December 2024 to commute the sentences of 37 of the 40 people on federal death row, converting most of those sentences to life without parole and triggering a fresh round of prison placement reviews across the federal system. Those commutations, and the brewing fight over where the inmates would serve out their new sentences, were reported by AP.
Trump's Executive Order and Bondi's Marching Orders
On his first day back in office, President Trump signed Executive Order 14164 instructing the attorney general to ensure that the commuted inmates "are imprisoned in conditions consistent with the monstrosity of their crimes," according to the Federal Register. Attorney General Pam Bondi followed up on February 5, 2025, with a memorandum directing Department of Justice components, including the Bureau of Prisons, to carry out that order, as detailed by the Department of Justice.
Plaintiffs Say Transfers Were Fixed From the Start
The inmates challenging the move say Bureau of Prisons staff initially recommended placements at other federal institutions, only to have those recommendations tossed after Bondi's memo landed. They argue that subsequent hearings and appeals kept steering them to the same destination, with no real chance to change the outcome. Kelly found there was enough in the record to support the claim that redesignations were likely predetermined and that the prisoners did not get a meaningful opportunity to contest their placements, according to case materials summarized by the Civil Rights Litigation Clearinghouse.
Inside the Supermax at ADX Florence
ADX Florence is designed for prisoners the government says cannot safely be held anywhere else, and it is known for long-term solitary-style confinement. Lawyers for the plaintiffs say inmates there "eat their meals and shower in cells roughly the size of a parking space." Justice Department reviews and human rights reporting describe restrictive-housing cells in the range of about 70-90 square feet and very limited time outside those cells, according to the department's review of restrictive housing practices published by the Department of Justice. AP has also reported on conditions at the facility.
Next Round Will Play Out in Court
The preliminary injunction bars the government from sending the 20 named plaintiffs to ADX Florence while the court weighs the merits of their due process claims. The administration can ask an appeals court to step in, and the Bureau of Prisons can keep working through its internal redesignation process, but actual transfers for these prisoners are on hold so long as the injunction remains in place, according to the schedule tracked by the Civil Rights Litigation Clearinghouse.
The ruling squarely tests how far the White House can go in directing harsh prison placements for specific groups of inmates without robust administrative and judicial checks. For now, Kelly's order keeps the men in Terre Haute while the courts decide whether a top-down redesignation plan crossed the constitutional line and turned due process into exactly what the judge warned it cannot be: a sham.
