Maduro and wife ask US court to dismiss drug trafficking charges, citing immunity

September 3, 2026 at 10:43 AM2 min

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Former Venezuelan President Nicolas Maduro and his wife Cilia Flores filed motions in Manhattan federal court to dismiss drug trafficking charges against them. Their lawyers argue that as a foreign head of state and first lady they have absolute immunity from prosecution in US courts. Maduro, held in a Brooklyn jail since January 2026, calls himself a prisoner of war and his detention a kidnapping.

Key Facts

Maduro, 63, and Flores, 69, face up to life in prison if convicted of conspiring to smuggle cocaine into the US.
US District Judge Alvin Hellerstein set oral arguments on the dismissal motions for November 17.
The trial is scheduled for June 1, 2027, if the case is not dismissed.
Federal prosecutors plan to file their response to the defense motions by the end of this month.
Maduro and Flores have been held in a federal jail in Brooklyn since January 2026, when US special forces extracted them from Caracas in a night raid.

Defense Arguments

Lawyers for Maduro argue that no US court has ever tried a criminal case against a foreign leader recognized by his own country as the sitting head of state at the time of indictment. They contend that heads of state cannot be prosecuted in any court other than their own, and that only Venezuelan courts have jurisdiction over Maduro. The defense states that Maduro categorically rejects the charges and that the allegations of a conspiracy to smuggle a ton of cocaine into the US are fabricated. In separate filings, lawyers for Cilia Flores argued that she is also immune from prosecution in the US under the principle of sovereign immunity.

Detention and Charges

Maduro and Flores have been held in a federal jail in Brooklyn since January 2026, when US special forces extracted them from Caracas in a night raid. Maduro openly calls himself a prisoner of war and describes the operation as a kidnapping. If convicted, Maduro, 63, and Flores, 69, face up to life in prison for allegedly participating in a conspiracy to import cocaine into the United States.

Next Steps

US District Judge Alvin Hellerstein scheduled oral arguments on the motions to dismiss for November 17. Federal prosecutors plan to file their response to the defense arguments by the end of this month. The trial is set for June 1, 2027, if the case is not dismissed.