The Capture of the Venezuelan President, and What is Happening between the U.S. and Venezuela
By: Riley Duignan
On January 23, 2026, U.S. forces captured Venezuelan President Nicolas Maduro Moros and his wife Cilia Flores to face trial in New York City for charges of drug trafficking. But is this legal? Why is this happening?
The Capture of Maduro and Flores
Around 2 AM, the U.S. followed through on their months-long anticipated and planned nighttime raid and capture of Maduro and his wife Flores, calling it “Operation Absolute Resolve”; carried out by the CIA. Around 2 AM, over 150 U.S. aircraft struck several Venezuelan air defenses, causing a communication blackout and proper distraction to break into the President’s compound home in Fort Tiuna, Caracas. Several agents were able to break into the President’s house, breaking down security with blow torches to gain access to Maduro and Flores’ room, capturing them and quickly flying them away on an aircraft.
Maduro and Flores arrived in New York anywhere between 4:30-5 PM EST on January 3, 2026. According to PBS, they later confirmed that a total of 24 Venezuelan security officers were killed during the invasion.
Is this legal?
The idea of whether this capture of the President and first lady is highly debated, with the DOJ (U.S. department of justice) attempting to further justify the capture and seizure of the President and his wife. In technical terms, the capture of Maduro and his wife violates UN Charter and International relation laws. Specifically UN Charter Article 2(4), in which states that member states must refrain from the use of force against territorial integrity or political independence of another state. “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” (Article 2(4) UN. Office of Legal Affairs). It is a dispute whether the U.N. charter article 51 applies to this situation, as some argue that it was in defense, and others say it was not an active act of self defense. “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. “ (Article 51, UN. Office of Legal Affairs). The DOJ (Department of Justice) utilized arguments of self defense and U.N. articles related to article 51, defending capture of the Venezuelan president as an act of self defense and necessary safe haven for the U.S.
Why is this happening?
The U.S. has accused and charged the Venezuelan President with “Narco-terrirosim” and the trafficking of weapons, drugs, and allowing large cartels to infest the U.S with narcotics. The U.S. has been targeting boats on the Eastern Pacific and Caribbean on “Operation Southern Spear”, since beginning, the U.S. has blown up/bombed a series of alleged drug boats coming from Venezuela. The U.S. claims that every boat struck either had cartel members or stored a series of drugs, though there is a lack of proof or evidence backing up these claims. Venezuela stated that numerous innocent fishermen and migrants have been killed or injured by these U.S. strikes. But, many argue these reasons are just an excuse to gain access to Venezuelan oil, which would be a total of around 17% of the world’s oil in the hands of the U.S., and directly after the president and first lady were captured, the U.S. began taking control of Venezuela’s oil reserves. Trump stated that Venezuela will turn over around 30-50 million barrels of oil over to the U.S.
What is happening now?
Since the capture, Maduro has been in New York prison since January 3rd. He made his first appearance in the federal court on January 5, 2026 where he pleaded not guilty to “narco-terrorism” and drug trafficking. His next hearing will be around March 17, 2026, and the trial itself may not begin until late 2026 or potentially 2027.
Sources
https://www.congress.gov/crs-product/IN12618
https://www.state.gov/nicolas-maduro-moros#:~:text=In%20March%202020%2C%20Maduro%20was,machine%20guns%20and%20destructive%20devices.
https://www.bbc.com/news/articles/cdred61epg4o
https://www.pbs.org/newshour/politics/live-updates-removed-venezuelan-leader-maduro-makes-first-appearance-in-u-s-court-after-capture#:~:text=Prosecutor%20lays%20out%20the%20custody,4:31%20p.m.%20that%20day.
https://legal.un.org/repertory/art2/english/rep_supp7_vol1_art2_4.pdf
https://www.pbs.org/newshour/politics/trump-u-s-to-get-30-million-to-50-million-barrels-of-oil-from-venezuela-at-market-price#:~:text=Trump:%20U.S.%20to%20get%2030,at%20market%20price%20%7C%20PBS%20News
https://legal.un.org/repertory/art51.shtml
https://www.reuters.com/business/energy/venezuela-us-talks-export-venezuelan-oil-us-sources-say-2026-01-06/#:~:text=Venezuela%20will%20be%20%22turning%20over,sent%20directly%20to%20U.S.%20ports.
https://time.com/7344628/us-venezuela-trump-maduro-oil-drugs-war-explainer-questions-answered/
https://abcnews.go.com/Business/massive-venezuelan-oil-reserve-pose-challenges-us-firms/story?id=128906922#:~:text=Venezuela%20boasts%20the%20biggest%20proven%20oil%20reserve,U.S.%20Energy%20Information%20Administration%2C%20a%20government%20agency.
https://www.war.gov/News/News-Stories/Article/Article/4370431/trump-announces-us-militarys-capture-of-maduro/
https://abcnews.go.com/US/maduro-wife-manhattan-federal-court-monday/story?id=128903135#:~:text=Venezuela’s%20captured%20President%20Nicolas%20Maduro,seats%20away%20from%20his%20wife.