Life After Death Row: Trials in Restrictive Facilities Await Commuted Inmates

Former death row inmates spared by Biden now battle the Trump administration over transfers to America’s harshest federal prison.

Key Takeaways

Twenty-one former death row inmates whose sentences were commuted by Biden are suing to prevent transfer to the nation’s most restrictive federal prison in Colorado.
The lawsuit claims Trump administration officials are conducting “sham hearings” to justify moving all 37 commuted prisoners regardless of individual risk factors.
Trump’s executive order directed officials to ensure these inmates are “imprisoned in conditions consistent with the monstrosity of their crimes.”
The ACLU argues the blanket transfer plan to ADX Florence is unconstitutional political retribution against Biden’s clemency decisions.
Conditions at ADX Florence include near-complete isolation, significantly harsher than their current Indiana facility.

Inmates Challenge Trump Administration’s Prison Transfer Plans

A group of 21 former federal death row inmates has filed a lawsuit against President Donald Trump, Attorney General Pam Bondi, and the Federal Bureau of Prisons to prevent their transfer to the nation’s most secure and isolated facility. These prisoners, currently housed at the federal penitentiary in Terre Haute, Indiana, were among 37 inmates whose death sentences were commuted by former President Joe Biden before he left office. The commutations were widely seen as an effort to prevent the resumption of federal executions under a new administration.

The legal challenge centers on what plaintiffs describe as a systematic effort by the Trump administration to transfer all commuted prisoners to the United States Penitentiary Administrative Maximum Facility (ADX) in Florence, Colorado. This facility, known as the “Alcatraz of the Rockies,” is the most restrictive federal prison in America, designed to house the nation’s most dangerous criminals in near-complete isolation. Prisoners typically spend 23 hours per day in solitary confinement with minimal human contact.

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 Biden’s Clemency Decisions

The controversy began when President Trump, on his first day back in office, signed an executive order regarding federal prisoners whose death sentences had been commuted. The order specifically directed officials to “evaluate the places of imprisonment” for these individuals and ensure they are “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.” Following this order, Attorney General Bondi issued a memo in February instructing the Bureau of Prisons to assess where these prisoners should be held.

“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 from the ACLU, which filed the lawsuit along with other rights groups in the U.S. District Court for the District of Columbia.

“Sham Hearings” and Bypass of Standard Procedures

The lawsuit claims prison officials began conducting what plaintiffs describe as “sham hearings” to create the appearance of individualized assessment while actually implementing a blanket policy to transfer all commuted prisoners to ADX Florence. According to court documents, the Bureau of Prisons allegedly bypassed its usual placement process that considers factors such as security risk, institutional behavior, age, and medical or mental health needs. Instead, prisoners claim they’re being recommended for ADX relocation despite good institutional records and regardless of factors that would normally preclude such placement.

Constitutional Questions and Prison Conditions

The lawsuit raises significant constitutional questions about executive power and the treatment of prisoners whose sentences have been commuted. While Biden’s actions saved these inmates from execution, they remain sentenced to life imprisonment without parole. At issue is whether the administration can unilaterally impose substantially harsher conditions than those they currently experience in Terre Haute. The ACLU contends this transfer program violates due process and constitutes cruel punishment motivated by political retribution rather than legitimate security concerns.

Life at ADX Florence is considerably more restrictive than at the Indiana facility. Inmates at ADX typically have extremely limited human contact, exercise alone in small concrete pits, and face severe restrictions on communications with family and legal representatives. The Bureau of Prisons has not commented on the pending litigation, maintaining its standard policy of silence regarding ongoing legal matters. The case highlights the complex intersection of executive clemency, prison administration, and constitutional rights that will now be decided in federal court.