immunity

Mérida, September 7, 2026 (venezuelanalysis.com) – Defense attorneys representing Venezuelan President Nicolás Maduro and First Lady Cilia Flores have formally requested the dismissal of criminal charges against them in the United States, invoking head-of-state and diplomatic immunity under international law.

In a motion filed before the US District Court for the Southern District of New York on September 2, defense counsel argued that domestic courts lack jurisdiction to indict, prosecute, or detain sitting foreign leaders.

Maduro and Flores’ legal teams emphasized that international treaties and long-standing legal principles shield active heads of state and high-ranking government officials from foreign criminal jurisdiction, regardless of the status of bilateral relations between countries.

Lead defense attorney Barry Pollack asserted that the Justice Department’s indictment constitutes an unprecedented overreach of foreign judicial authority. 

“Under settled international law and long-standing diplomatic practice, foreign courts cannot exercise criminal jurisdiction over a sitting head of state,” he stated in court filings.

Pollack underscored that Maduro is facing charges for acts that would have been part of his official duties and that he “vehemently denies” the US prosecutors’ allegations.

The Venezuelan leader is facing charges of “narcoterrorism,” drug trafficking conspiracy, and weapons possession offenses. Flores has been accused of the same alleged crimes except “narcoterrorism.” Maduro and Flores were kidnapped by US special forces on January 3 following military strikes in Caracas and surrounding states.

Under the established trial schedule, federal prosecutors have several weeks to respond to the immunity case and the motion to dismiss.

Subsequently, US District Judge Alvin Hellerstein is expected to evaluate written arguments and hold an evidentiary hearing on November 17 to decide whether to grant the defense’s request or proceed to trial. In the latter case, the trial would begin in June 2027.

Legal analysts have argued that the sovereign immunity case is unlikely to succeed given the US judicial system’s tradition of deferring to the executive branch on foreign policy matters. Under the “one voice” doctrine, domestic courts follow the White House and the Department of State regarding which authorities are formally recognized as representing a foreign country.

The first Trump administration refused to recognize Maduro as Venezuela’s legitimate head of state following his 2018 reelection, instead backing the self-proclaimed “interim government” headed by Juan Guaidó. In 2023, Washington transferred its recognition to the defunct, opposition-majority parliament despite its term expiring two years earlier.

In March, the Trump administration recognized Delcy Rodríguez as Venezuela’s “sole leader.” As Maduro’s vice president, Rodríguez took over as acting president in January and has overhauled the Caribbean nation’s foreign policy in the months since. Caracas has reestablished diplomatic relations with Washington and strengthened ties with its global partners, including Israel, while distancing itself from historic allies such as China, Cuba, and Iran.

In his motion to dismiss, Pollack called it “incongruous” for the White House to recognize Rodríguez but not Maduro, who appointed her as vice president.

Venezuelan officials have not commented on the latest developments in Maduro and Flores’ case. After holding multiple rallies in the weeks following the January 3 kidnapping, Venezuelan authorities have significantly scaled back the public backing for the pair.

In a June interview, Rodríguez said that Maduro remains Venezuela’s legitimate president but stopped short of demanding his liberation, instead claiming that he has the right to “demonstrate the truth” before the US justice system.

In recent weeks, the Venezuelan government, through its official communications, as well as state-owned media channels, has increasingly dropped the “acting” label, referring to Rodríguez simply as “president.”

For their part, US-based international solidarity movements have staged monthly mobilizations demanding Maduro and Flores’ immediate release, including outside the federal detention center in Brooklyn where the pair is presently detained.

Edited by Ricardo Vaz in Caracas.

Ousted Venezuelan President Nicolas Maduro has urged a United States judge to dismiss the criminal drug trafficking charges against him, arguing he should be immune from prosecution as the head of a sovereign country.

Maduro’s lawyer, Barry Pollack, made the appeal in a Manhattan district court on Wednesday.

His legal team has petitioned District Judge Alvin Hellerstein to dismiss the case, which will test the willingness of US courts to apply international law to criminal cases.

Maduro was abducted and imprisoned on January 3, after US President Donald Trump authorised a military raid in Caracas. The former Venezuelan leader, who has been held in a Brooklyn federal jail, has pleaded not guilty and is scheduled to go on trial on June 1, 2027, if his effort to dismiss the case is unsuccessful.

The principle that sitting heads of state are immune from prosecution abroad is a longstanding tenet of international law, seen as fundamental to diplomacy.

Judge Hellerstein had given Pollack a Wednesday deadline to file his motion to dismiss the case.

Pollack has argued that Hellerstein lacks jurisdiction, both because sovereign heads of state enjoy complete immunity and because the acts that Maduro is accused of would have been part of his official duties.

“This unprecedented prosecution violates the absolute immunity from criminal jurisdiction to which heads of state and foreign officials acting in their official capacities have been entitled for hundreds of years,” Pollack wrote.

Pollack added that Maduro was falsely accused and “vehemently denies” the allegations.

A spokesperson for the Manhattan US Attorney’s office, which brought the charges, did not immediately respond to a request for comment.

Maduro faces uphill battle

Legal experts have told the Reuters news agency that Maduro faces an uphill battle.

Washington has not recognised Maduro as Venezuela’s president for years, due to disputed elections. Courts tend to defer to the US president and his cabinet in disputes over who is recognised as a foreign country’s leader.

US criminal cases involving heads of foreign states are extremely rare, but precedent offers little encouragement for Maduro. In 1990, a federal judge in Miami rejected former Panamanian military leader Manuel Noriega’s attempt to assert head-of-state immunity, in part because he never officially held the title of president.

The US stopped recognising Maduro in 2019, when he was inaugurated for a second time after a 2018 election that critics say was rigged. Washington also called his 2024 re-election fraudulent.

Maduro says both votes were fair and has long accused the US of seeking his ouster to gain control of the South American country’s oil wealth.

Pollack, however, wrote that Washington’s assessment that Maduro lacked legitimacy was not relevant.

“Unlike in Noriega, the Executive Branch does not dispute that Mr Maduro was Venezuela’s head of state, but instead merely claims that, after 2019, he did not occupy that position legitimately,” Pollack wrote.

Venezuela run by Maduro’s vice president

Since Maduro’s abduction, his former vice president and socialist ally, Delcy Rodriguez, has run Venezuela as its interim leader.

She has also increased cooperation with the Trump administration. Last month, the two countries reached an unprecedented deal that would see the US take over about one-fifth of Venezuela’s oil reserves.

Pollack wrote that it was “incongruous” for the US to recognise Rodriguez, who was appointed by Maduro, and not Maduro himself. He pointed to statements by Rodriguez and officials in her government, made in January and February, indicating that they still considered Maduro Venezuela’s legitimate head of state.

Rodriguez’s government has since gone silent on the matter. Some murals of Maduro in Caracas have been painted over in recent months.

Prosecutors have until October 2 to respond to Maduro’s motion to dismiss the indictment, and Hellerstein will hold a hearing on the dismissal effort on November 17.