The federal death penalty is one of those topics that feels like it belongs in a grainy 1990s legal thriller, but it's very much a modern reality. Except, it's a lot smaller than you’d think. If you’re looking for a quick answer, there are currently 3 people on federal death row as of early 2026.
That number probably sounds low. It is. Just a few years ago, the Terre Haute facility was much more crowded. But a massive wave of commutations at the end of 2024 basically cleared the deck. Honestly, the population of the federal death chamber changed more in one afternoon than it had in the previous decade.
The Big Shift: Why the Population Dropped
For a long time, the number of people on federal death row hovered around 40 or 50. Then came the end of 2024. In a historic move, President Biden commuted the sentences of 37 men on federal death row to life in prison without the possibility of parole.
It was a quiet Friday in December when the news broke. 37 people who were waiting for an execution date suddenly had that weight lifted, replaced by the reality of dying in a standard federal prison instead. This wiped out over 90% of the federal capital population in one go.
So, who is left? Basically, the ones the administration felt they couldn't or shouldn't touch due to the nature of their crimes or the stage of their legal battles.
The Current "Resident" List
Right now, the Federal Bureau of Prisons (BOP) only lists three individuals under an active death sentence.
The most prominent name still on that list is Dzhokhar Tsarnaev, the Boston Marathon bomber. His case has been a legal seesaw for years. You've probably seen the headlines—sentences being overturned, then reinstated by the Supreme Court, then challenged again on grounds of juror bias. Because his crime was so public and so devastating, he remains the "face" of the modern federal death penalty.
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Then there is Dylann Roof. He’s the man responsible for the 2015 shooting at the Mother Emanuel AME Church in Charleston. Like Tsarnaev, the sheer scale and racial motivation of his crime made his sentence a lightning rod for public opinion.
The third person is often less discussed in the national media but remains in the same high-security limbo at USP Terre Haute.
How We Got Here: The 2020 Execution Spree
You can’t really understand how many people are on federal death row today without looking back at 2020. Before that year, the federal government hadn't executed anyone in nearly two decades. The system was basically dormant.
Then, under the Trump administration, the Department of Justice ended the 17-year moratorium. Between July 2020 and January 2021, the government executed 13 people.
13 people in six months.
It was an unprecedented pace. It was more federal executions than had occurred in the previous 60 years combined. Names like Brandon Bernard and Lisa Montgomery (the first woman executed by the feds in 67 years) dominated the news cycles. By the time the Biden administration took office in January 2021, the row had been thinned out by the executioner, and then a new moratorium was put in place by Attorney General Merrick Garland.
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The "New" Federal Death Penalty in 2026
Fast forward to today, January 2026. The landscape has shifted again.
On his first day in office this term, President Trump signed an executive order to once again end the federal moratorium. He directed the Attorney General to seek the death penalty for "all crimes of a severity demanding its use."
This creates a weird legal friction. You have a "row" that was nearly emptied by the previous administration's mass commutation, and a current administration that is actively trying to fill it back up.
Prosecutors are now being encouraged to seek death sentences in cases involving:
- Fentanyl trafficking that results in death
- Large-scale human trafficking
- Aggravated murders on federal land or involving federal officers
While there are only 3 people currently on the row, there are dozens of cases currently in the "pipeline"—federal trials where the government has authorized the death penalty but a jury hasn't reached a verdict yet.
Where Are They Kept?
Almost everyone under a federal death sentence ends up at the United States Penitentiary (USP) Terre Haute in Indiana. They live in a special unit called the Special Confinement Unit (SCU).
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It isn't like a normal prison wing. It’s isolated. It’s quiet. The inmates there spend the vast majority of their time in their cells, which are about 7 by 12 feet. They have very limited contact with the outside world or even other inmates. It’s designed to be the "end of the line."
The Numbers vs. The States
It’s easy to get federal death row confused with state death rows. They are totally different beasts.
If you look at the total number of people facing execution in the U.S., it’s roughly 2,100 people. But look at the breakdown:
- California: ~660 (though they have a moratorium)
- Florida: ~310
- Texas: ~180
- Federal Government: 3
The feds are a tiny slice of the pie. However, federal cases often carry more political weight because they involve "crimes against the nation" or cross state lines.
What Happens Next?
The number 3 is likely to grow this year. With the moratorium gone and the DOJ pushing for capital charges in new high-profile cases, we could see the federal death row population double or triple by the end of 2026.
Legal experts like those at the Death Penalty Information Center (DPIC) are watching the appellate courts closely. The big question is whether the three remaining men will see their cases moved toward execution dates or if more legal roadblocks will appear.
Actionable Insights for Following the Data
If you want to stay updated on these numbers as they change—and they will—here is how you can track the most accurate data:
- Check the Bureau of Prisons (BOP) Statistics: The BOP updates its "Sentences Imposed" page monthly. Look for the "Death" category under the "Sentence" section.
- Monitor the DPIC Database: The Death Penalty Information Center maintains the most comprehensive "Death Row USA" reports. They track not just the total number, but the racial demographics and the status of appeals.
- Watch the DOJ Press Releases: New death penalty authorizations are always announced via the Department of Justice's official newsroom. This is where you’ll see if the "pipeline" is growing.
- Stay Informed on Supreme Court Rulings: Many federal death row cases turn on technicalities. When the SCOTUS issues a ruling on "cruel and unusual punishment" or "jury selection," it usually has an immediate impact on the 3 men currently in Terre Haute.
The reality of the federal death penalty is that it’s a numbers game shaped by whoever is sitting in the Oval Office. Right now, the count is historically low, but the machinery is being greased to start back up.