Trump attacked Venezuela and arrested its president. Is that legal?

U.S. military forces captured Venezuela’s President Nicolás Maduro and his wife, Cilia Flores, during large-scale strikes early Saturday.

Early signals from Washington suggest the U.S. mission in Venezuela was focused on removing President Nicolás Maduro. But the operation also involved strikes inside the country  the very type of action some administration officials had previously said required legal authorization they did not yet have. CNN reported in November that the Justice Department was being asked for a new legal opinion to cover such strikes.

At a Saturday news conference, President Donald Trump repeatedly spoke not only about capturing Maduro, but also about “running” Venezuela and taking control of its oil statements that raise broader questions about the mission’s scope.

The strikes rattled Caracas before dawn, with explosions reported across the capital and at the Fuerte Tiuna military complex. Venezuela’s government condemned the assault as “imperialist aggression” and accused Washington of seeking to seize the nation’s strategic resources.

Maduro, 63, and Flores, 69, were captured during a raid as they tried to escape into a safe room at their Caracas residence.

Maduro rose from a former union bus driver in a working-class Caracas neighborhood to Venezuelan president.

Was it legal for the U.S. to capture Maduro?

Expert opinions differ on the subject. Some say it wasn’t legal, but others say it is legal under International law.

In America, only Congress has the authority to declare war on another country. Congress is not in session and did not authorize a strike against Venezuela.

Article Two Powers of the U.S. Constitution

Article II in the U.S. Constitution states that a U.S. President is the Commander in Chief of the Army and Navy.

Every President in U.S. history, including President Barack Obama, has used these powers to justify military strikes.

President Trump didn’t declare war on Venezuela, so Congressional approval wasn’t required.

The White House said: “Nicolas Maduro had his chance — until he didn’t. The Trump Admin will always defend American citizens against all threats, foreign and domestic.”

Maduro and Flores were flown to New York City on Saturday night. He was processed at the Metropolitan Detention Center in Brooklyn, the same facility where Sean “Diddy” Combs was held and where UnitedHealthcare CEO killer Luigi Mangioni is currently being held.

President Trump announced Venezuela will be run by the U.S. until there is a “proper and judicious transition” to a new president.

The Trump administration supports Nobel Peace Prize winner Maria Corina Machado Maduro as Venezuela’s next president.

Millions of Venezuelans around the world celebrated the news of Maduro’s capture on Saturday.

American politicians, celebrities, and news media reacted to the news with a mix of criticism, outrage and disbelief.

House Minority Leader Hakeem Jeffries previously called Maduro “a dictator who has oppressed the Venezuelan people for years.” But Jeffries was critical of Trump on Sunday.

“It remains to be seen whether the Venezuelan people are gonna be better off. Donald Trump claims that he’s gonna run Venezuela. He’s done a terrible job running the United States of America,” Jeffries told NBC News.

The NY Times called Trump’s invasion of Venezuela “Illegal and Unwise.”

In January 2025, the Biden administration offered a $25 million reward for information leading to Maduro’s capture after he assumed a third term in office despite losing the election.

On Sunday, former Vice President Kamala Harris wrote on X:

“Donald Trump’s actions in Venezuela do not make America safer, stronger, or more affordable. That Maduro is a brutal, illegitimate dictator does not change the fact that this action was both unlawful and unwise.”

Secretary Marco Rubio noted:

“In the Biden Administration, they had a $25 million reward for [Maduro’s] capture — so we have a reward for his capture but we’re not going to enforce it? That’s the difference between President Trump and everybody else… President Trump did something about it.”
Influencer AmericanPapaBear said in a video on X:

“The actual Venezuelan people, the ones who lived under Maduro’s boot, a whole lot of them are celebrating. But you, sitting on your couch, eating your DoorDash, are pissed off.”