WASHINGTON, D.C. — A federal judge has temporarily blocked the transfer of 20 federal prisoners whose death sentences were commuted by former President Joe Biden to the highly restrictive ADX Florence facility, citing serious constitutional concerns in a Feb. 11, 2026, memorandum opinion issued by U.S. District Judge Timothy J. Kelly of the United States District Court for the District of Columbia.
The memorandum opinion explains that the controversy arose after President Donald Trump issued an executive order directing federal officials to review the facility placements of prisoners whose death sentences had been commuted, which was followed by internal directives recommending their redesignation to ADX Florence.
Judge Kelly’s opinion explains that prison officials informed attorneys representing the prisoners that senior officials had instructed that all commutations be referred to ADX Florence regardless of individualized evaluations. The memorandum opinion describes that the court rejected arguments from the Federal Bureau of Prisons that federal law prevents courts from reviewing prison placement decisions, concluding that Congress must clearly state when constitutional claims are barred from judicial review.
Furthermore, the memorandum reports that the ruling rejected sovereign immunity defenses, explaining that constitutional claims seeking prospective relief against federal officials are permissible under established legal precedent. Additionally, the memorandum describes that the court applied a two-part due process analysis and found that placement in ADX Florence may likely implicate a protected liberty interest because the facility imposes severe restrictions, including prolonged isolation, restricted communication and potential indefinite confinement.
The memorandum opinion notes that ADX Florence was designed for inmates considered unable to function safely in less restrictive environments and employs heightened security and control measures that are not typical in federal prisons. The memorandum explains that the court concluded that evidence suggests the redesignation process may not have been individualized.
Judge Kelly references evidence that indicates senior officials within the United States Department of Justice may have directed the transfer decisions, likely predetermining outcomes before hearings or appeals even occurred.
The memorandum opinion describes that if the redesignation process had been predetermined, it would be a violation of constitutional due process, since prisoners would not have been given the opportunity to challenge their transfers. Furthermore, the potential constitutional violations of due process constitute irreparable harm, which justified the court’s decision to grant a preliminary injunction preventing the transfer of inmates while litigation proceeds.
Judge Kelly reported in his memorandum that maintaining the prisoners’ current placements preserves the status quo while ensuring that constitutional protections remain intact during ongoing proceedings.
The memorandum notes that the court placed emphasis on the fact that the ruling does not determine where the prisoners should ultimately be housed, but it requires federal officials to provide individualized processes before transferring prisoners to highly restrictive environments.
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