Former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, have asked a federal judge to dismiss the drug trafficking and narco-terrorism charges against them, asserting sovereign immunity. Their legal team argues that as a sitting head of state recognized by Venezuela, Maduro is exempt from the criminal jurisdiction of U.S. courts.
In a memorandum filed in support of their motion to dismiss, Maduro's lawyers stated that no American court has previously presided over the criminal trial of a foreign leader who was recognized by their own country as the head of state at the time charges were filed. They contend that this immunity stems from the principle of sovereign equality and independence, asserting that the court lacks jurisdiction over Maduro.
Prosecutors allege that Maduro led a drug-trafficking organization for over two decades, using his position first as a deputy and later as president to conspire with international cartels to import cocaine into the United States. The charges against Maduro include narco-terrorism conspiracy, and against both Maduro and Flores include cocaine importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess such weapons. These charges were detailed in a fourth superseding indictment unsealed in January 2026 by the United States Attorney's Office for the Southern District of New York.
Maduro's attorneys countered that the indictment fails to establish that the alleged crimes took place in or were aimed at the United States, thus not meeting the due process standards for prosecuting foreign conduct. They argue that the narcoterrorism statute, enacted in 2006, was intended for foreign conduct connected to the U.S. through specific enumerated scenarios, which they claim are not met by the indictment.
Additionally, the defense argues that the indictment violates the due process rights of both Maduro and Flores. Maduro himself has vehemently denied any involvement in drug trafficking or any intent to benefit terrorism.
The U.S. government officially declared Maduro an illegitimate president in 2019, following the disputed 2018 presidential election. Maduro and Flores were apprehended in Caracas by U.S. forces in January 2026 during an operation dubbed Operation Absolute Resolve and were subsequently extradited to New York to face federal charges.
The Treasury Department has authorized Venezuela to fund Maduro's legal defense. Maduro is scheduled to appear in court in November for oral arguments regarding his motion to dismiss the charges.