Former Biden-commuted death row inmates sue to prevent transfer to America’s harshest federal prison, claiming Trump administration retaliation.
Key Takeaways
- 21 former death row inmates whose sentences were commuted by President Biden are suing to block their transfer to ADX Florence, known as America’s most restrictive federal prison.
- The lawsuit claims the Trump administration is conducting “sham hearings” to justify the transfers as political retribution against those who received Biden’s clemency.
- President Trump’s executive order directed officials to ensure these prisoners are held “in conditions consistent with the monstrosity of their crimes.”
- The ACLU argues that categorically moving all commuted prisoners to a supermax facility is unconstitutional and bypasses normal individualized assessment protocols.
- Despite not being deemed security risks, these inmates face potential relocation from their current facility in Indiana to Colorado’s high-security prison known for near-complete isolation.
Trump Administration Prison Transfer Plan Challenged
A group of 21 former federal death row inmates are fighting what they describe as politically motivated prison transfers. These prisoners, who received sentence commutations from former President Biden before he left office, are now suing President Trump, Attorney General Pam Bondi, and the Federal Bureau of Prisons to prevent their transfer from their current facility in Terre Haute, Indiana to the United States Penitentiary Administrative Maximum Facility in Florence, Colorado. Known as ADX Florence, this facility has earned a reputation as America’s most secure and restrictive federal prison.
The lawsuit filed in the U.S. District Court for the District of Columbia claims that the Bureau of Prisons is conducting evaluations that are predetermined to recommend transfer to the supermax facility regardless of individual circumstances. These prisoners were among 37 death row inmates whose sentences were commuted by Biden prior to Trump’s return to office, a move reportedly intended to prevent the resumption of federal executions under a new administration.
Me in @NewYorkSun on a stunning new lawsuit brought by death row inmates whose executions were commuted by Biden:
They are suing Trump for 'cruel and unusual punishment' for plotting to send them to America's only supermax prison, where El Chapo lurks. https://t.co/1Eqj2Sn4PJ
— Ari Hoffman (@AriHoffmanWrite) April 17, 2025
Executive Order Targets Former Death Row Inmates
On his first day back in office, President Trump signed an executive order directing officials to “evaluate the places of imprisonment” for prisoners whose death sentences were commuted. The order specifically instructed that these individuals should be “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.”
Following this directive, Attorney General Pam Bondi issued a memo in February instructing the Bureau of Prisons to assess appropriate housing for these former death row inmates. Shortly thereafter, prisoners began receiving notices they were being evaluated for placement at ADX Florence. The timing and categorical nature of these transfer evaluations have raised concerns about whether proper individualized assessment protocols are being followed.
ADX Florence: America’s Most Restrictive Prison
The ADX Florence facility, often referred to as the “Alcatraz of the Rockies,” is designed for prisoners deemed the most dangerous or escape-prone in the federal system. Inmates typically spend 23 hours per day in solitary confinement in 7-by-12-foot cells with concrete beds, desks, and stools. The facility currently houses notorious criminals including terrorists, cartel leaders, and other high-profile federal offenders considered too dangerous for less secure facilities.
According to the lawsuit, conditions at ADX are substantially more restrictive than those at the federal prison in Terre Haute. The ACLU and other rights groups contend that transferring these prisoners to ADX would effectively nullify the relief intended by Biden’s commutations, replacing a death sentence with conditions that some critics have described as a form of psychological torture due to extreme isolation.
The Bureau of Prisons has not commented on the pending litigation, which seeks an injunction to halt the transfers while the legal challenge proceeds. The case highlights ongoing tensions between the current administration’s approach to criminal justice and the policies of its predecessor, particularly regarding capital punishment and conditions of confinement for the nation’s most serious offenders.
Sources:
Former death row prisoners fight attempt to move them to one of the nation’s harshest prisons.
Terre Haute prisoners sue to stop transfer to federal ‘supermax’ facility
