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Explained: Can Nicolás Maduro claim sovereign immunity before a US court?

The Venezuelan President was retrieved by an American operation in January 2026. He has since been detained in the USA and faces trial in front of Judge Alvin HellerStein. While his counsel has moved for the charged to be dismissed citing…

Explained: Can Nicolás Maduro claim sovereign immunity before a US court?
7 min readNew DelhiSep 10, 2026 06:30 AM IST
Maduro, the Venezuelan President, has been detained in the USA since January, 2026 (Wikimedia Commons)Maduro, the Venezuelan President, has been detained in the USA since January, 2026 (Wikimedia Commons)
Written by Shashank Maheshwari

On January 3 this year, a US military operation in Caracas forcibly brought Nicolás Maduro into American custody.

Maduro, the former Venezuelan President, now faces trial in the Southern District of New York under the Department of Justice’s 2020 charges which include narco-terrorism, cocaine trafficking conspiracy and firearms offences. The charges allege that Maduro led the “Cartel de los Soles” (designated as a Foreign Terrorist Organisation by the USA in 2025) and used Venezuela’s state apparatus to flood the US with drugs.

On September 3, his counsel moved before Judge Alvin Hellerstein to dismiss the indictment. The argument hinged on head-of-state immunity, a doctrine, they said, rested on “the perfect equality and absolute independence of sovereigns.”

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