The legal team of Nicolás Maduro filed a motion in the federal court for the Southern District of New York to dismiss the drug trafficking and narco-terrorism charges he faces in the U.S., arguing sovereign immunity as a sitting president and the illegality of his capture, as reported by Reuters.
The mentioned agency indicates that the case will test “the willingness of U.S. courts to apply international law in criminal cases,” a historically challenging arena for such arguments.
The defense strategy
The main lawyer for Maduro, Barry Pollack, builds his strategy on two pillars: the doctrine of personal immunity ratione personae and the alleged illegality of the operation that led his client to a cell in Brooklyn.
This doctrine, recognized by the International Court of Justice, protects heads of state from the exercise of foreign criminal jurisdiction while they are in office, for both official and private acts.
However, the argument encounters a significant legal obstacle: the United States has not recognized Maduro as the legitimate president of Venezuela since 2019, which considerably weakens his claim in U.S. courts.
The precedent Noriega
The most relevant precedent in American law is the case United States v. Noriega, in which the Eleventh Circuit Court of Appeals rejected the immunity of former Panamanian dictator Manuel Noriega with an argument identical to the one Maduro faces today: Washington never recognized him as a legitimate ruler.
Analysts from the Due Process of Law Foundation describe the case as a clash between the international customary norm of personal immunity and the U.S. policy of non-recognition.
Regarding the argument of the illegality of the capture, U.S. courts have historically rejected the notion that alleged violations of international law warrant the dismissal of a criminal charge.
Incarcerated since January
Maduro was captured in Caracas on January 3, 2026 during the U.S. military operation "Absolute Resolution" and taken to the Metropolitan Detention Center in Brooklyn, where he remains with his wife Cilia Flores.
In his first appearance before federal judge Alvin Hellerstein, Maduro pleaded not guilty and described himself as a "prisoner of war," insisting that he was "kidnapped."
Both face charges of narco-terrorism, conspiracy to import cocaine, and weapons-related offenses, with the possibility of a life sentence.
This is not the defense's first legal maneuver.
In February, Pollack filed a motion claiming violations of due process due to the blocking of funds to cover legal representation, an obstacle that was resolved in April when the Department of the Treasury authorized the Venezuelan government to pay the lawyers' fees.
Messages from the Cell
While his defense is fighting the legal battle, Maduro has maintained communication with the outside world from Brooklyn.
On Tuesday, he published his first known photographs from inside the prison —taken on June 25— in which he appears smiling, wearing a gray tracksuit, and making the "V" for victory sign.
"I want you to know that we are steadfast," he wrote in the message that accompanied the images.
In August, he also sent a message from prison in favor of dialogue: "We welcome any path of dialogue that helps to consolidate peace, coexistence, and coming together among Venezuelans."
He remained silent, however, regarding the oil agreement announced by the Trump administration with the government led by Delcy Rodríguez, which grants the United States majority control over more than 65 billion barrels of Venezuelan reserves.
If the motions to dismiss are unsuccessful, the oral trial against Maduro and Flores is currently scheduled for June 1, 2027 before the Southern District Court of New York.
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