Nicolás Maduro, Cilia Flores Ask Manhattan Judge To Dismiss U.S. Drug Charges, Cite Immunity

Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have asked a Manhattan federal judge to dismiss US drug trafficking charges, arguing that sovereign immunity protects them from prosecution.

In court papers filed Wednesday, Maduro’s lawyers argued that US courts cannot prosecute a foreign leader recognised by his own country as its sitting head of state when charges were brought. They said heads of state have historically been protected from criminal proceedings in foreign courts.

Maduro’s lawyers also invoked conduct based sovereign immunity, arguing that even if he is not protected as a head of state, the alleged actions were carried out as part of his official duties. Maduro “vehemently denies” the allegations and says he would be cleared at trial.

Flores filed a separate motion, arguing that immunity belongs to Venezuela as a sovereign state and can only be waived by Venezuela.

The case faces a key hurdle because the US stopped recognising Maduro as Venezuela’s legitimate president in 2019. US courts generally defer to the executive branch on recognition of foreign leaders, potentially weakening his immunity claim. The defence also faces the precedent of former Panamanian leader Manuel Noriega, whose immunity argument was rejected by a US court in 1990.

Maduro’s lawyers have pointed to another apparent contradiction: Delcy Rodríguez, whom Maduro appointed as vice president, is now running Venezuela and has moved closer to the Trump administration, including through a major oil agreement. His lawyers question how Washington can cooperate with Rodríguez while denying Maduro’s legitimacy.

Maduro and Flores have been detained in Brooklyn since January 3, 2026, when US forces captured them during a raid on their Caracas home and brought them to New York. Maduro has called the operation a kidnapping and himself a prisoner of war, while the Trump administration described it as a “surgical law enforcement operation.”

Both have pleaded not guilty. Prosecutors accuse Maduro of conspiring with Venezuelan officials and drug traffickers to move thousands of tonnes of cocaine into the US. He faces serious narcoterrorism and weapons related charges and could receive life imprisonment if convicted.

Maduro’s lawyers are also expected to challenge the legality of his capture. Prosecutors must respond by October 2, with Judge Alvin K. Hellerstein set to hear arguments on November 17. If the motions fail, trial is scheduled for June 1, 2027.