The Daily Journal — The U.S. Department of State has asked the Department of Justice to certify diplomatic immunity for Venezuela’s interim president, Delcy Rodríguez, so that it can seek the dismissal of a civil lawsuit filed against her in the U.S. District Court for the Southern District of Florida. The State Department argues that, as the head of state recognized by Washington, Rodríguez enjoys protection under customary international law.
The request appears in a letter signed by Reed D. Rubinstein, Legal Adviser to the Department of State, and addressed to Assistant Attorney General Brett Shumate. In the letter, the U.S. government asks the Justice Department to file a “Suggestion of Immunity” on Rodríguez’s behalf.
“Under common-law principles of immunity… President Rodríguez, as the sitting head of state of a foreign country, is immune from the jurisdiction of the United States District Court in this lawsuit for as long as she remains in office,” the document states.
The letter also notes that the United States officially recognized Rodríguez as Venezuela’s head of state on March 5, 2026, and adds that the Venezuelan Embassy in Washington formally requested that the State Department begin certifying her immunity.
“The Embassy of Venezuela has asked the Department of State to take the necessary steps to certify President Rodríguez’s immunity in this case in light of her current status as the head of state of Venezuela,” the letter says.
The State Department also urged the Justice Department to move quickly because of the case’s foreign policy implications.
“The United States places particular importance on securing the prompt dismissal of the proceedings against President Rodríguez, given the significant foreign policy implications involved,” the letter states.
Civil lawsuit
The request stems from Kenemore v. Maduro, a civil lawsuit filed in August 2025 by U.S. citizens and relatives of former detainees. The plaintiffs accuse senior Venezuelan officials of kidnapping, torture, and terrorism under the U.S. Anti-Terrorism Act (ATA), Florida law, and the Racketeer Influenced and Corrupt Organizations Act (RICO).
The plaintiffs include Jerrel Kenemore, Jason Saad, and Edgar Marval, all of whom secured their release in 2023 through a prisoner exchange between Washington and Caracas.
The State Department’s intervention came shortly after U.S. District Judge Darrin P. Gayles issued a judgment ordering former Venezuelan President Nicolás Maduro and several other senior officials to pay $314 million in damages to the plaintiffs.
However, Judge Gayles specifically excluded Delcy Rodríguez, National Assembly President Jorge Rodríguez, Petróleos de Venezuela (PDVSA), and the Venezuelan Petroleum Corporation (CVP) from that judgment.
Judgment against other officials
The ruling held Maduro and several members of his former administration liable for offenses related to kidnapping, torture, and terrorism.
Those named in the judgment include Interior Minister Diosdado Cabello, Agriculture Minister Vladimir Padrino, businessman Alex Saab, Attorney General Tarek William Saab, former Supreme Court President Maikel Moreno, former Interior Minister Néstor Reverol, and the organization known as the Cartel of the Suns.
The court concluded that Maduro directed a structure that arbitrarily detained U.S. citizens to use them as bargaining chips during prisoner exchange negotiations.
Parallel proceedings
The State Department’s request for immunity highlights a distinction between Washington’s treatment of Venezuela’s current leadership and the legal proceedings involving members of the previous administration.
Maduro remains in custody in New York, where he faces federal drug trafficking charges, while Alex Saab continues to face money laundering charges in Miami.
Through this action, the State Department seeks to exempt Rodríguez from the jurisdiction of the U.S. court for as long as she serves as the head of state recognized by Washington, invoking the customary international law principle of head-of-state immunity.
