Nicolás Maduro is fighting to have his US drug-trafficking indictment thrown out entirely, arguing through his lawyers that he cannot be prosecuted at all because of his status as a former head of state.

In a motion filed in Manhattan federal court, defense attorney Barry Pollack argued that Judge Alvin Hellerstein lacks jurisdiction over Maduro for two reasons: sovereign heads of state carry complete immunity from foreign prosecution, and the conduct Maduro is accused of would have been part of his official duties as president of Venezuela, according to court filings reviewed by Al Jazeera.

From presidential palace to Manhattan courtroom

The charges at the center of the case — narco-terrorism and drug trafficking — formed the legal basis for the US military's raid on Caracas and Maduro's capture on January 3. He has pleaded not guilty and, absent a successful dismissal, is scheduled to stand trial on June 1, 2027. Prosecutors were given a Wednesday deadline to file the motion and now have until October 2 to respond, per reporting from The Japan Times.

SOVEREIGN IMMUNITY, OR A DELAY TACTIC?

Legal analysts note the immunity argument faces long odds: US courts have historically been reluctant to extend head-of-state immunity to leaders who have already been removed from power and taken into US custody, and Washington does not recognize Maduro's 2024 re-election as legitimate. Still, the filing guarantees months of additional litigation before any trial can proceed, according to the South China Morning Post's account of the filing.

What's next

With prosecutors' response not due until early October, Maduro is expected to remain in US custody as the case grinds through pretrial motions. His legal team has signaled it intends to keep contesting both the charges and the circumstances of his capture, setting up a prolonged fight that will test how far immunity claims can stretch for a leader toppled by the very government now prosecuting him.