The immunity that Nicolás Maduro claims before US justice faces a new obstacle. The United States Prosecutor’s Office maintains that the Venezuelan government has never requested that the former president be protected by that condition, while it did manage a similar request for Delcy Rodríguez, whom Washington recognizes as interim head of state.
The position was set out in a memorandum presented on Friday before Judge Alvin K. Hellerstein, in charge of the criminal proceedings against Maduro and Cilia Flores. In the document, prosecutors assure that “Venezuela has not affirmed” that Maduro or his wife are immune from the case opened in the United States “or in any other procedure” pending in the country.
Donald Trump’s government maintains that Rodríguez’s situation is different. Caracas formally requested that its immunity be recognized in a civil lawsuit filed in Florida, while there is no equivalent request for Maduro in that file.
The US recognizes Rodríguez’s immunity as head of state
The petition in favor of Rodríguez was sent by the Venezuelan Embassy on May 14 through a diplomatic note. The document sought that the United States recognize her status as head of state and, therefore, his immunity in the “Kenemore vs. Maduro” case, a lawsuit in which both Rodríguez and Maduro appeared as defendants.
Washington’s response came on July 20, when he informed the Florida court that recognized Rodríguez as Venezuelan head of state and that, due to that condition, she was protected by immunity from the lawsuit. According to the Prosecutor’s Office, Caracas did not request that Maduro receive that protection in that process.
Defense seeks immunity for Maduro
This contrast is now a central part of the dispute that Maduro faces in New York. The former president was captured on January 3 during an operation American in Caracas and transferred to the United States along with Flores. Both face accusations related to drug trafficking, weapons and narcoterrorism conspiracy.
Maduro has pleaded not guilty and remains detained in a Brooklyn prison. His defense seeks to have the case dismissed and maintains that the former president is entitled to the immunity corresponding to a foreign head of state.
Prosecutors, however, believe that argument cannot be applied in this case. The US government stopped recognizing Maduro as president of Venezuela in January 2019 and, according to the Prosecutor’s Office, that position has not changed.
The memo adds that the United States formally recognized Rodríguez’s government on March 7, 2026, after Maduro’s capture. Based on that decision, Washington considers that Rodríguez is the authority that represents the Venezuelan State before US authorities.
Justice will decide in November if Maduro enjoys immunity
For the Prosecutor’s Office, the courts must grant “absolute deference” to the determination of the US Executive on who exercises the head of state of a foreign country. With this argument, prosecutors seek to prevent Maduro from using his former presidential status to stop the criminal process.
The dispute over immunity will have another chapter on November 17, when Hellerstein hears the parties’ arguments. Meanwhile, the US government asked that the motions presented by Maduro and Flores to dismiss the accusation be rejected.
If the case continues, the trial is scheduled for June 2027.
