US Prosecutors Ask Judge to Reject Immunity Claims for Nicolás Maduro and Cilia Flores

Federal prosecutors for the Southern District of New York have formally asked Judge Alvin K. Hellerstein to dismiss the head-of-state immunity claims filed on behalf of Nicolás Maduro and Cilia Flores. In a legal memorandum submitted on October 2, 2026, the government argued that federal courts must defer to the determinations of the Executive Branch, which ceased recognizing Maduro as Venezuela's legitimate president in January 2019.

According to consulted sources, prosecutors contrasted the defendants' standing with prior official proceedings involving Caracas. The filing emphasized that Venezuelan authorities have made no formal application or claim of diplomatic immunity before United States courts on behalf of Maduro or Flores. In contrast, the administration in Caracas did formally request diplomatic immunity for Delcy Rodríguez on May 14, 2026, in connection with the Florida civil lawsuit Kenemore v. Maduro, a status that the United States formally recognized on July 20, 2026, after having recognized her in office on March 7, 2026, following Maduro's capture on January 3 of that year.

The Department of Justice submission responds to dismissal motions filed on September 2, 2026, by defense attorneys Barry Pollack, representing Maduro, and Mark Donnelly, representing Flores. Federal prosecutors also argued that the charges brought against the defendants, which include narcoterrorism conspiracy, firearms offenses, and drug trafficking, constitute violations of Venezuelan law that cannot be considered official acts of state. Alongside the immunity proceedings, Flores has requested home confinement citing cardiac health conditions, a petition opposed by the prosecution on flight risk grounds.

The procedural schedule sets October 16, 2026, as the deadline for defense attorneys to submit their formal replies. Oral arguments regarding the immunity claims are scheduled for November 17, 2026, while the federal jury trial has been set for June 2027, with the start of proceedings tentatively calendared for June 1.

Nicolás Maduro faces federal criminal proceedings in New York following his capture in early 2026, answering to federal narcotics and weapons indictments pending before the Southern District court. Delcy Rodríguez exercises executive authority in Caracas following Maduro's arrest, having secured administrative recognition from Washington in March 2026 as well as official standing in external diplomatic litigation. The matter remains before Judge Alvin K. Hellerstein in Manhattan federal court, which holds jurisdiction over complex federal cross-border criminal cases.