Federal Judge Blocks Transfer of Inmates to Supermax Prison

On February 11, 2026, U.S. District Judge Timothy J. Kelly issued a ruling that temporarily prevents the Trump administration from transferring 20 former death row inmates, who had their sentences commuted by former President Joe Biden, to the Administrative Maximum Facility (ADX) in Florence, Colorado, commonly referred to as the "Alcatraz of the Rockies." Judge Kelly determined that the transfer process likely violated the inmates' constitutional rights, specifically their right to due process.

Washington Times

The judge's 35-page opinion highlighted that the decision to transfer the inmates was made by President Donald Trump and Attorney General Pam Bondi before the inmates had an opportunity to contest it. Kelly stated, “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.” As a result, the inmates will remain at the federal penitentiary in Terre Haute, Indiana, while the lawsuit proceeds.

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The 20 inmates were part of a group of 37 death row prisoners whose sentences were commuted by Biden shortly before he left office. The Trump administration's efforts to transfer these inmates to ADX Florence were seen as a punitive response to Biden's clemency actions. Judge Kelly noted that the transfer process was tainted by an executive order issued by Trump on his Inauguration Day, which directed the Justice Department to determine a location for the inmates that would reflect the severity of their crimes.

Washington Times

Judge Kelly emphasized that the Bureau of Prisons (BOP) is required to conduct individualized assessments for inmate transfers. However, he found that the decision-making process appeared predetermined, denying the inmates a meaningful opportunity to challenge their redesignation to ADX Florence. The judge pointed out that public statements from Trump and Bondi indicated a predetermined outcome, undermining the integrity of the transfer process.

Politico

Critics of the Trump administration's plan argue that the decision to transfer the inmates was not only a violation of due process but also a politically motivated action aimed at punishing those who benefited from Biden's clemency. The ruling has raised questions about the extent of the administration's authority to influence inmate transfer procedures and the potential implications for the rights of incarcerated individuals.

New York Times

In his ruling, Judge Kelly did not order the release of the inmates but mandated that they remain in their current facility. He noted that the BOP's policy allows for transfers to ADX Florence only under specific circumstances related to security risks. The judge remarked that the process followed by the BOP appeared to be a "cookie-cutter" approach that led to a predetermined result.

Politico

The ruling by Judge Kelly halts the transfer while the legal proceedings continue, allowing the inmates to remain in Terre Haute for the time being. The case raises significant questions about the intersection of executive power, criminal justice, and the rights of inmates, which may lead to further legal challenges and scrutiny of the BOP's practices.

Newsweek

• “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.” — Judge Timothy J. Kelly

New York Times

• “It strains credulity to believe that subordinate BOP officials carrying out this process felt free to disagree with what had been demanded at the start by officials far senior to them, with authority over their careers and livelihoods,” — Judge Timothy J. Kelly

Politico