The US judicial system’s history of deferring to the White House on foreign policy matters makes the immunity case an uphill battle. (EFE)
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.