Maduro, Wife Seek Dismissal of Drug Charges on Sovereign Immunity Grounds

Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have asked a federal judge to dismiss the drug trafficking indictment against them, arguing they possess sovereign immunity.

In motions filed in Manhattan federal court, their lawyers contend that Maduro's capture and prosecution would be unprecedented as no American court has tried a recognized head of state. They cite customary international law and the International Court of Justice's stance on head-of-state immunity. Maduro also claims conduct-based immunity for actions allegedly performed through his governmental positions, such as issuing diplomatic passports and implementing foreign policy.

Flores asserts she shares status-based immunity as the spouse of a head of state and also possesses conduct-based immunity. The indictment, a fourth superseding indictment, expands the case to include narco-terrorism and multiple drug-conspiracy counts. Maduro's lawyers also argue that the narco-terrorism and cocaine conspiracy charges fall outside U.S. jurisdiction and apply to foreign conduct.

A hearing on the motions is scheduled for November 17, with a trial date set for June 1, 2027. Both Maduro and Flores have been detained in Brooklyn since their seizure in Caracas in January 2026. Their lawyers characterize the indictment as an attempt to serve justice to a cartel leader posing as a legitimate foreign leader.