The Trump administration has officially requested that a federal court in Florida grant judicial immunity to Delcy Rodríguez, the interim president of Venezuela, in a civil lawsuit involving allegations of kidnapping and torture filed by three U.S. citizens.
On July 20, the Department of Justice (DOJ) submitted a "suggestion of immunity" for Rodríguez to the U.S. District Court for the Southern District of Florida. This suggestion emphasizes that the executive branch holds exclusive authority to decide which heads of state are entitled to legal protection.
Rather than contesting the accusations against Rodríguez, the document centers on the legal immunity she is entitled to as an acting head of state.
The Implications of Granting Immunity
A State Department letter to the DOJ, dated June 11, highlighted that involving Rodríguez in the case "could have foreign policy implications" for the United States.
Rodríguez was officially recognized by the State Department as Venezuela's head of state in March 2026, following the capture of Nicolás Maduro by U.S. forces on January 3 and his subsequent imprisonment in the United States.
Legal Grounds for Immunity
Does this immunity hold legal ground? According to experts consulted by PolitiFact, a nonprofit operated by the Poynter Institute and a Pulitzer Prize winner for journalistic fact-checking in 2009, the answer is affirmative.
Rob Howse, an international law professor at New York University, stated unequivocally, "There's no legal basis for the court to deny Rodríguez immunity, as the precedents cited by the U.S. government appear valid."
He noted that "this immunity is based on her status as the acting interim head of state."
Mary Ellen O'Connell, a professor at the University of Notre Dame, explained that this protection has a clear temporal limit: "If Venezuelans remove Rodríguez from power tomorrow, she would no longer have immunity."
O'Connell further clarified that once out of office, Rodríguez could be sued again, but only for actions not protected as official acts.
Context of the Lawsuit
The Trump administration supported its request with the precedent set in the Congo v. Belgium case, resolved by the International Court of Justice in 2002, where it was determined that Belgium violated international law by issuing an arrest warrant against the then Congolese foreign minister.
The lawsuit was filed in January 2026 by Jerrel Kenemore, Jason Saad, and Edgar José Marval, three American citizens who claimed they were kidnapped and tortured in Venezuela under Maduro's regime, only to be released in a prisoner exchange in December 2023.
Kenemore was detained for 643 days, Saad for 560, and Marval for 123, in the facilities of the General Directorate of Military Counterintelligence in Caracas.
On July 14, federal judge Darrin P. Gayles awarded $314 million in damages against Maduro, Alex Saab, and other Chavist officials, although Delcy Rodríguez was excluded from that judgment.
Washington and Caracas: A Thawing Relationship
The request for immunity aligns with a broader strategy of bilateral normalization. After recognizing Rodríguez's government in March, the U.S. raised its flag at its embassy in Caracas and removed Rodríguez from the OFAC sanctions list in April.
Additionally, according to reports, the U.S. ordered a halt to DEA criminal investigations against her in May, although the DOJ publicly denied such an instruction.
This rapprochement is driven by concrete energy interests: both governments agreed on the delivery of between 30 and 50 million barrels of Venezuelan oil to U.S. refineries.
Next Steps
It remains uncertain when the judge will officially dismiss the charges against Rodríguez, but a teleconference scheduled for September 30 could address this matter.
Meanwhile, Secretary of State Marco Rubio announced on July 20 that discussions for a democratic transition in Venezuela would commence in early August of this year.
Understanding the Legal Protections for Heads of State
What is the basis for granting immunity to Delcy Rodríguez?
The immunity is based on her status as the acting interim head of state, as determined by the executive authority, which holds the exclusive power to grant such legal protections.
How does the Congo v. Belgium case relate to Rodríguez's immunity?
The Congo v. Belgium case set a precedent where the International Court of Justice ruled that issuing an arrest warrant against a serving foreign minister violated international law, supporting the notion of immunity for acting heads of state.
What happens if Rodríguez is removed from power?
If Rodríguez is removed from power, she would lose her immunity, and could be subject to lawsuits for actions not covered as official acts.