The recent arrest of Nicolás Maduro by U.S. authorities in January 2026 and his transfer to New York to face federal narcotics charges has shaken the regional political landscape. Beyond the headlines, however, this event has triggered a critical legal debate with direct consequences for thousands of Venezuelans seeking asylum in the United States.

From a government perspective, Maduro’s arrest could be framed as an “improvement” in conditions in Venezuela—an argument used to question whether asylum seekers still face a well-founded fear of persecution. But this interpretation overlooks a key reality: the removal of a leader does not dismantle a regime.

In Venezuela, repressive structures remain intact. Agencies such as SEBIN, DGCIM, special forces, and armed civilian groups continue operating under the same political apparatus. Officials responsible for arbitrary detentions, torture, and political persecution remain in their positions. From a legal standpoint, this is critical: past persecution is not erased by a change in leadership.

U.S. asylum law recognizes two independent paths: demonstrating past persecution or establishing a well-founded fear of future persecution. When past persecution based on a protected ground—such as political opinion—is proven, the law presumes that the risk continues. At that point, the burden shifts to the government to prove a fundamental change in circumstances. The arrest of Maduro alone does not meet that legal standard.

Adding to this already complex landscape are concerning procedural changes. In recent months, certain Asylum Cooperation Agreements (ACA) have been reactivated, allowing cases to be dismissed without a full hearing and applicants to be removed to third countries—sometimes with very little notice and after years of waiting.

In this context, dangerous myths persist: that an attorney is not needed at early hearings, that there is “plenty of time” because the final hearing is far away, or that any representative can handle an asylum case. The reality is different. Asylum law is one of the most technical and rapidly evolving areas of immigration law.

Maduro’s arrest does not mean the end of Venezuelan asylum. But it does mark the beginning of a more complex and risk-filled stage. In 2026, qualified legal representation is no longer optional—it is a matter of legal survival.

Related interview: https://youtu.be/FEgiyaElK8g?si=iLEIRVVniv20LDTg