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Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have filed motions in the Manhattan federal court to dismiss drug trafficking charges, citing sovereign immunity. Maduro argues his status as the head of state for Venezuela remains valid for immunity purposes, despite the United States’ non-recognition of his presidency. Flores contends her protection stems from her role as the spouse of a head of state.
In filings submitted by Maduro’s attorney, Barry Pollack, two distinct motions were presented before U.S. District Judge Alvin K. Hellerstein. One motion demands the dismissal of the entire Fourth Superseding Indictment, claiming that customary international law accords Maduro immunity by virtue of his former official position. His argument draws upon the International Court of Justice’s Arrest Warrant case, emphasizing that individuals occupying certain high-level state offices enjoy significant immunity from foreign criminal jurisdiction.
Furthermore, Maduro claims conduct-based immunity, asserting that the allegations are partially predicated on actions customary to his governmental role. He points to diplomatic measures, military decisions, and foreign policy pronouncements as official acts attributable to Venezuela. His secondary motion seeks dismissal of the narco-terrorism conspiracy charge, arguing insufficient jurisdictional ties or factual nexus to the United States as defined under 21 U.S.C. § 960a.
Cilia Flores has separately sought dismissal of additional counts, echoing her husband’s claims of status-based immunity and citing her own conduct-based immunity. Her legal team posits that sovereign immunity is inherently linked to Venezuela’s sovereignty, which only Venezuela itself can waive.
The arguments presented face significant challenges due to the United States formally ceasing to recognize Maduro as Venezuela’s president since 2019, particularly after his contentious claim of victory in the 2024 elections. Legal precedents, such as United States v. Noriega, rejected similar immunity claims on grounds of non-recognition, a distinction emphasized by U.S. authorities and highlighted in legal analyses such as those by the Due Process of Law Foundation.
Nonetheless, Maduro and Flores dispute this interpretation, arguing that his de facto presidency and continued exertion of authority in Venezuela should be acknowledged, thus setting a stage for a legal tug-of-war between customary head-of-state immunity and U.S. diplomatic recognition policies. The court has scheduled oral arguments for the defense motions on November 17, with a trial date projected for June 1, 2027. Since their capture in Caracas by U.S. forces in early 2026, both Maduro and Flores have been detained and maintain their not guilty pleas.
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