Do U.S. Courts Have Jurisdiction Over Maduro's Criminal Case?

• Published date: 08 January 2026
• Law Firm: Katten Muchin Rosenman LLP
• Author: Jacques Semmelman and Alex San Martin

The recent U.S. military action in Venezuela, in which U.S. forces captured Venezuelan President Nicolas Maduro and his wife Cilia Flores on January 3, 2026 and transported them to the United States to stand trial in the Southern District of New York, raises a plethora of domestic and international legal issues. These complex issues involve Venezuelan sovereignty, the legality of the use of force, potential head-of-state immunity, and the scope of executive power absent Congressional authorization. The action has been condemned by various members of Congress and multiple foreign governments, and the U.N. Security Council has been in session over the ensuing crisis.

Interestingly, under longstanding U.S. Supreme Court precedent known as the Ker-Frisbie Doctrine, U.S. courts have jurisdiction over Maduro and Flores, notwithstanding the highly irregular manner in which they were brought to this country. Issues of international law and Congressional authority do not affect the courts' jurisdiction.

Maduro and Flores are under U.S. indictment on charges of narco-terrorism conspiracy, cocaine importation conspiracy, and weapons offenses.

Maduro's government has long been accused...