Background of the lawsuit

Three US citizens, Jerrel Kenemore, Jason Saad, and Edgar José Marval, were arrested in Venezuela in 2022 under the government of then-president Nicolás Maduro. A federal court found that they were held as hostages to pressure Washington into releasing Colombian businessman Alex Saab, a Maduro frontman accused of being a key financial operator for the Chavista regime. The men were tortured by Venezuelan agents before being freed in 2023 as part of a prisoner exchange for Saab. On July 15, a federal judge in Miami ordered $314 million in damages for the three Americans. Delcy Rodríguez was originally listed among the defendants but was excluded from the final ruling. The lawsuit alleges kidnappings, torture, and terrorist acts tied to Chavismo.

US recognition of Rodríguez as head of state

After US forces captured Nicolás Maduro on January 3, Delcy Rodríguez, who had been vice president, assumed power on an interim basis. The Trump administration officially recognized her as Venezuela's head of state on March 5. That recognition is the cornerstone of the immunity argument: as a sitting head of a foreign state, Rodríguez is generally immune from the jurisdiction of US courts. The State Department's legal adviser, Reed Rubinstein, conveyed this position in a letter to Deputy Attorney General Brett Shumate.

The State Department's push for immunity

On June 11, the State Department asked the Department of Justice to file a formal suggestion of immunity with the court, explaining that Washington recognizes Rodríguez as head of state. A second letter, dated July 11 from Rubinstein to Shumate, repeated the request and emphasized the "special importance" of dismissing the case, citing "significant foreign policy implications." The Venezuelan embassy in Washington had also requested that the State Department certify Rodríguez's immunity. The Associated Press reported that Rodríguez's lawyers had already sought dismissal of the case in April on immunity grounds.

“The Department of State requests that the Department of Justice file a suggestion of immunity with the district court as soon as possible, informing it of the foregoing at the earliest opportunity.”

DOJ files formal motion

On July 20, the Department of Justice submitted a motion to the Southern District of Florida court, formally asking that Rodríguez be granted immunity. The filing argues that the US Constitution vests the president with authority over foreign relations and that the executive branch has designated "President Rodríguez as the active head of state of Venezuela." The court has yet to rule on the motion. The DOJ's brief states that Rodríguez, as a sitting head of state, "enjoys immunity while she remains in office from the jurisdiction of the United States District Court in this case."

Political context

Since Maduro's capture, the Trump administration has strengthened ties with Rodríguez's interim government. Opposition leader María Corina Machado, meanwhile, has insisted on her intention to return to Venezuela to push for a transition. The immunity request comes as the US navigates a delicate diplomatic relationship with Caracas, balancing legal accountability for human rights abuses with the recognition of a sitting foreign leader.