Former death row inmates whose sentences were commuted by Biden now face transfer to America’s most restrictive prison under the Trump administration, raising questions about whether commutation still equals mercy.
Key Takeaways
- 21 former death row prisoners are suing the federal government to prevent their transfer to the ultra-restrictive ADX Florence facility in Colorado.
- These inmates had their death sentences commuted by President Biden before Trump returned to office.
- President Trump’s executive order directed officials to ensure confinement conditions reflect the severity of prisoners’ crimes.
- The ACLU argues the transfer decision is unconstitutional political retribution rather than a legitimate security measure.
- The proposed transfers bypass the Bureau of Prisons’ normal individualized assessment process.
Biden’s Commutations and Trump’s Response
A group of 21 federal prisoners whose death sentences were commuted by former President Biden are challenging the Trump administration’s attempt to transfer them to America’s most secure prison facility. These inmates are among 37 death row prisoners who received clemency from Biden, sparing them from execution. Currently housed at the federal prison in Terre Haute, Indiana, they now face potential relocation to the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado, known for its extreme isolation conditions.
The controversy stems from President Trump’s executive order signed on his first day back in office. The order directed officials to “evaluate the places of imprisonment” for those who received commutations and ensure they are “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.”
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
Legal Challenge to Prison Transfers
The American Civil Liberties Union (ACLU) and other rights groups filed the lawsuit in the U.S. District Court for the District of Columbia, arguing that the planned transfers constitute political retribution rather than legitimate security measures. The lawsuit claims the Trump administration is conducting a “sham process” to justify the transfers, bypassing the Bureau of Prisons’ normal individualized assessment procedures that determine appropriate placement based on security risk and other factors.
“Our lawsuit challenges this unilateral categorical decision to move all people who received a commutation from President Biden – without any justification – as the unconstitutional act of political retribution that it is,” said Corene Kendrick, deputy director of the ACLU’s National Prison Project.
Conditions at ADX Florence
ADX Florence is widely regarded as the most restrictive federal prison in the United States. Inmates typically spend 23 hours per day in solitary confinement in small concrete cells. The facility houses some of the nation’s most dangerous criminals, including terrorists, cartel leaders, and inmates who have committed serious crimes while incarcerated elsewhere. Critics argue that transferring all commuted death row prisoners to this facility, regardless of their individual circumstances, effectively undermines the relief intended by their commutation.
Political Dimensions of the Dispute
The conflict highlights the stark differences in criminal justice approaches between the Biden and Trump administrations. Biden’s commutations were seen as part of a broader effort to reform the federal death penalty system, while Trump has consistently advocated for strong punishment of violent offenders. In February, Attorney General Pam Bondi issued a memo instructing the Bureau of Prisons to assess where these prisoners should be held, following the president’s executive order.
Prisoners claim they are being recommended for ADX relocation despite not being deemed a security risk under normal assessment standards. The lawsuit presents evidence that the planned transfers are motivated by political considerations rather than legitimate security concerns. As of this reporting, the U.S. Bureau of Prisons has declined to comment on the pending litigation, citing policy on active legal matters.
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
