Florida Governor Ron DeSantis confirmed that the state is evaluating the possibility of filing state criminal charges against Nicolás Maduro, an initiative that would complement the federal case in New York and could set an unprecedented legal and political precedent in the United States.
The proposal arises following the capture of Nicolás Maduro in Caracas and his subsequent transfer into U.S. custody, where he faces federal charges of narcoterrorism, conspiracy to import cocaine, and possession of destructive weapons.
DeSantis proposes state legal action following Maduro’s capture
Ron DeSantis’s statements were made on January 6, 2026, during a press conference in Clearwater, Florida, and were picked up by national media outlets such as Fox News.
The governor noted that the Florida Attorney General’s Office is “very seriously considering” initiating a criminal case in state courts, particularly in Miami or Doral, cities with a large Venezuelan community.
DeSantis argued that Florida could rely on state statutes related to narcotics, immigration, and organized crime, given that the former Venezuelan president’s alleged actions have had a direct impact on communities in the state.
Why could Florida file charges against Nicolás Maduro?
According to DeSantis, a state legal action would not replace the federal case but would complement it from a different perspective: holding Maduro accountable for crimes that, in his view, directly affected the population of Florida, including:
- Links to drug trafficking into the United States
- Impact of drug trafficking on communities in South Florida
- Alleged connection to the release of inmates linked to criminal gangs.
The governor underscored that Florida has been one of the states most affected by the flow of drugs and irregular migration, phenomena that—he asserted—are linked to authoritarian regimes in Latin America.
Read more: More than 10,000 migrants arrested in Florida in 2025 during state and federal operations
Legal implications of a state case against Maduro
The possible filing of state charges against a former foreign head of state represents an unusual legal strategy within the U.S. legal system.
Legal experts have pointed out that international drug trafficking and transnational crime are generally the exclusive jurisdiction of the federal government, especially when it comes to foreign nationals accused of international conspiracy or narcoterrorism.
Among the main legal challenges are:
- Supremacy of federal law over state law
- Difficulty in demonstrating a direct connection between Maduro’s actions and crimes committed specifically in Florida.
- Possible debates about dual sovereignty
Political impact and reactions to DeSantis’s initiative
In the political sphere, Ron DeSantis’s stance has been interpreted as part of a strategy to reinforce his rhetoric on border security, drug trafficking, and immigration—central issues on the Republican agenda.
According to an analysis published by Diario Las Américas, critics warn that proceeding with state charges could open up complex debates about international jurisdiction, as well as generate tensions in diplomatic relations between the United States and Venezuela, and even with third countries involved.
