Why the Trump administration wants to grant immunity to Venezuelan acting President Delcy Rodríguez

President Donald Trump’s administration requested immunity for Venezuelan acting President Delcy Rodríguez in a civil lawsuit filed against her and other Venezuelan officials in a federal court in Florida. Rodríguez assumed power Jan. 5 following U.S. forces’ capture of Nicolás Maduro.

Three Americans who had been imprisoned and allegedly subjected to physical and psychological torture under Maduro’s government filed the lawsuit in 2025. The men were released in a 2023 U.S. prisoner exchange.

Why is the Trump administration seeking immunity for Rodríguez?

In a July 20 court filing, the Department of Justice said the executive branch has the sole authority to determine which heads of state are entitled to immunity. The filing also noted that, in March, the State Department recognized Rodríguez as Venezuela’s head of state.

The Department of Justice asked the court to dismiss all claims against Rodríguez. The Trump administration’s filing does not contest the allegations against Rodríguez; instead, it focuses on her legal protection against being sued in a U.S. court.

A June 11 State Department letter to the Justice Department said that including Rodríguez in the case could have foreign policy implications.

What were the allegations against Rodríguez?

Jerrel Kenemore, Jason Saad, and Edgar José Marval sued Rodríguez and several other high-ranking officials, alleging Maduro’s government  imprisoned them in 2022 and subjected them to physical and psychological torture.

Rodríguez’s lawyer had previously moved to dismiss the case in April, citing her immunity as a head of state, according to The Associated Press. On July 14, the federal judge approved $314 million in damages for the victims, but Rodríguez was not included in that ruling.

Could Rodríguez be granted immunity?

Yes. Rob Howse, a professor of international law at New York University, told PolitiFact he sees no legal basis for the court to deny Rodríguez immunity, as the precedents cited by the U.S. government appear valid.

She would have “immunity based on her status as a sitting acting head of state,” Howse said.

It’s not known whether or when exactly the judge would formally dismiss Rodríguez from the case. However, a conference call is scheduled for Sept. 30.

What does having immunity mean?

International law requires that certain government officials be protected from legal process in foreign courts.

The Trump administration cited a case from the 2000s where the International Court of Justice ruled that Belgium violated international law by issuing an international arrest warrant against the Democratic Republic of Congo’s minister for foreign affairs. The court upheld the principle of official immunity.

Official immunity lasts as long as the officials remain in office, Mary Ellen O’Connell, a professor of law and international peace studies at the University of Notre Dame, told PolitiFact.

That means that once Rodríguez leaves power, she could be sued again or have a verdict reinstated. However, she could only be tried for actions not covered by immunity — that is, unlawful actions not considered official acts.

If Venezuelans ousted Rodríguez from power tomorrow, she would no longer have immunity.

And what about Maduro, does he have immunity?

Although international law says that heads of state generally have the right to absolute immunity in other nations’ courts, U.S. courts are unlikely to grant Maduro immunity. This is because immunity is granted by the U.S. government, and Trump’s administration did not recognize Maduro as the legitimate president of Venezuela.

Are there other similar cases? 

In 2024 and 2025 during his election campaign, New York Mayor Zohran Mamdani said that if elected, he would order the New York Police Department to arrest Israeli Prime Minister Benjamin Netanyahu should he visit the city. In an interview with The New York Times last year, Mamdani described Netanyahu as a war criminal who has committed genocide in Gaza.

However, in a July 21 video, Mamdani acknowledged that New York City lacks the authority to arrest Netanyahu, who is named in an International Criminal Court arrest warrant for war crimes. Mamdani said that the federal government does hold such authority.

Trump said in a Truth Social post July 20 that Netanyahu should not be arrested. Syracuse University law professor Cora True-Frost told The Telegraph in 2025 that it is almost certain that the Trump administration would invoke head of state immunity to protect Netanyahu.

PolitiFact Staff Researcher Caryn Baird contributed to this report.

Editor’s Note: PolitiFact translated this story from Spanish to English using an automated translation service. PolitiFact journalists fluent in both languages ​​edited the translation for clarity and accuracy.