Venezuela’s Maduro asserts immunity in US court, urges dismissal of charges

Venezuela’s Maduro Cites State Immunity, Demands Case Dismissal in U.S. Court

Published On 3 Sep 20263 Sep 2026

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 U.S. courts to apply international law to criminal matters.

Maduro was abducted and imprisoned on January 3, after U.S. President Donald Trump authorized 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 enjoy absolute immunity from prosecution abroad is a cornerstone of international law and is central to diplomatic relations.

Judge Hellerstein had set a Wednesday deadline for Pollack to file the motion to dismiss.

Pollack contended that Hellerstein lacks jurisdiction, citing both the complete immunity enjoyed by sovereign heads of state and the fact that the alleged crimes would have occurred while Maduro was performing 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 centuries,” Pollack wrote.

He further stated that Maduro is falsely accused and “vehemently denies” the allegations.

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

Legal experts confirm that Maduro faces a daunting legal obstacle.

Washington has not recognized Maduro as Venezuela’s president for years, owing to contested elections. Courts generally defer to the U.S. president and his administration in such disputes.

U.S. criminal proceedings against foreign heads of state are rare, yet past precedents offer little encouragement. In 1990, a Miami federal judge rejected former Panama military strongman Manuel Noriega’s claim to immunity, partly because he never formally assumed the title of president.

The United States ended its recognition of Maduro in 2019, after he was inaugurated for a second term following an election widely characterized as illegitimate. Washington also labeled his 2024 re‑election as fraudulent.

Although Maduro maintains that both votes were fair and accuses the United States of seeking his removal to gain influence over Venezuela’s oil wealth, Pollack argues that Washington’s criticism of his legitimacy is irrelevant.

“Unlike in the Noriega case, the Executive Branch does not dispute that Mr. Maduro was Venezuela’s head of state, but rather claims that after 2019 he occupied that role without legitimate authority,” Pollack explained.

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

She has renewed cooperation with the Trump administration, culminating last month in an unprecedented agreement that would allow the United States to assume roughly one‑fifth of Venezuela’s oil reserves.

Pollack described it as “incongruous” that the U.S. would recognize Rodríguez—a figure appointed by Maduro—while denying recognition to Maduro himself. He highlighted statements released by Rodríguez and other members of her government in early 2026 suggesting that Maduro remained the legitimate head of state.

In recent months, several murals depicting Maduro in Caracas have been painted over as his influence diminishes.

Prosecutors have until October 2 to reply to Maduro’s motion to dismiss, and Judge Hellerstein is scheduled to hold a hearing on the dismissal effort on November 17.

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