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The Trump administration has intervened in a federal lawsuit involving Venezuela's acting President Delcy Rodríguez, arguing that she is protected by head-of-state immunity and should not be required to pay a $314 million judgment awarded to three Americans who were imprisoned in the South American country.
In a filing submitted Monday in the U.S. District Court for the Southern District of Florida, the Department of Justice urged the court to dismiss the claims against Rodríguez, saying that because the United States recognizes her as Venezuela's sitting head of state, she is immune from the jurisdiction of U.S. courts while in office.
"The Executive Branch has determined that President Rodríguez, as the sitting head of state of Venezuela, enjoys head of state immunity from the jurisdiction of U.S. courts based on her current status," the Justice Department wrote in its filing. "President Rodríguez is entitled to immunity from the jurisdiction of this Court over this suit while she holds that office."
The case stems from a lawsuit filed by three American citizens who were detained and imprisoned in Venezuela. A federal judge previously awarded them more than $314 million in damages, finding them entitled to compensation for their treatment while in Venezuelan custody.
The Justice Department emphasized that its filing does not address the merits of the plaintiffs' claims or the underlying judgment. Instead, it argues that longstanding principles of international law require U.S. courts to recognize immunity for a sitting foreign head of state when the executive branch has made that determination.
"The United States respectfully submits to the Court that President Delcy Rodríguez is immune in this action and that all claims against her should be dismissed without prejudice," the filing states.
The administration's position could significantly affect the plaintiffs' ability to collect the judgment from Rodríguez personally, although the broader litigation against other defendants may continue.
The filing represents a notable legal development because the executive branch's suggestion of immunity is traditionally given substantial weight by U.S. courts in cases involving foreign leaders. Under U.S. practice, courts generally defer to the executive branch on questions involving the recognition and immunity of foreign heads of state.
The case also highlights the Trump administration's current diplomatic posture toward Venezuela. Although Washington has continued to impose sanctions and criticize the country's leadership, the Justice Department's filing reflects the legal principle that recognized sitting heads of state are generally protected from civil lawsuits in U.S. courts while they remain in office.
A federal judge will ultimately decide whether to accept the administration's recommendation and dismiss the claims against Rodríguez based on head-of-state immunity. The ruling could have broader implications for how U.S. courts handle civil litigation involving foreign leaders recognized by the executive branch.
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