Ousted Venezuelan leader Nicolas Maduro and his wife, Cilia Flores, are scheduled to appear in a New York courtroom Wednesday, where they are expected to claim immunity from prosecution in their drug trafficking case. Prosecutors indicated in a letter filed ahead of the hearing that they anticipate the couple will file a motion asserting immunity.
Maduro, 63, and Flores, 69, have been held at the Metropolitan Detention Center in Brooklyn since their arrest in Venezuela in January. They face charges of conspiracy to traffic drugs through Venezuela to the United States and could face life in prison if convicted.
Prosecutors from the Southern District of New York allege that Maduro and Flores engaged in a "relentless campaign of cocaine trafficking" to the U.S. The indictment also accuses them of orchestrating the kidnappings and murders of individuals who obstructed their alleged drug trafficking operations. A trial is tentatively scheduled for June 2027.
Maduro has previously described himself as a "prisoner of war" and claimed he was "kidnapped" from Venezuela. He has asserted he is still the president of Venezuela, which, under international law, could grant him immunity from prosecution in foreign courts. The U.S. Department of State has acknowledged this principle. However, the U.S. has taken control of significant portions of the Venezuelan government since Maduro's ousting, with interim President Delcy Rodriguez, a close Maduro ally, nominally in charge. Rodriguez has called for Maduro's release and maintained he is still the president.
Maduro's legal team, including attorney Barry Pollack, has previously suggested that the case might be subject to a 1922 extradition treaty between the U.S. and Venezuela, potentially diverting the case to an independent court of arbitration. The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) amended a waiver to allow the Venezuelan government to pay Pollack, after initially declining due to sanctions against Caracas.
The couple's detention conditions at the Metropolitan Detention Center have also been noted. Former inmates have described the facility as having harsh conditions, including potential solitary confinement for 23 hours a day, unsanitary environments, and poor quality food. Other notable former detainees include Ghislaine Maxwell, R. Kelly, and Sam Bankman-Fried.