The U.S. military has announced the capture of Venezuelan President Nicolás Maduro and his wife, Cilia Flores, who are facing U.S. charges related to cocaine trafficking. This operation has prompted a U.S. Senate vote to advance a war powers resolution aimed at limiting the President's authority over military actions in Venezuela, reflecting divisions within Congress regarding the administration's foreign policy and the scope of executive power in military engagements.
Capture of Venezuelan President Nicolás Maduro
President Donald Trump announced the U.S. military's capture of Venezuelan President Nicolás Maduro and his wife, Cilia Flores, on January 3 at a press conference held at Mar-a-Lago. Both individuals are facing U.S. charges for cocaine trafficking under recently unsealed indictments.
Following the capture, President Trump stated that the U.S. would "run the country until such time as we can do a safe, proper and judicious transition," adding that the U.S. would temporarily control Venezuela's oil sales. He also claimed Venezuelan Vice President Delcy RodrĂguez had been sworn in as interim president and was willing to cooperate with U.S. objectives. In contrast, Vice President RodrĂguez publicly criticized the U.S. military action as "brutal aggression" on state television and called for Maduro's immediate release. President Trump also indicated that other countries could face similar military interventions if they do not meet U.S. demands.
Secretary of State Marco Rubio stated that members of Congress were not notified in advance of the operation, citing concerns about mission endangerment and potential leaks. However, Senator John Thune (R-S.D.) described the operation as "decisive action."
U.S. Senate Advances War Powers Resolution
Days after the capture, the U.S. Senate voted 52 to 47 on a Thursday to advance a war powers resolution. The measure, introduced by Senator Tim Kaine (D-Virginia), aims to limit President Trump's authority regarding military actions in Venezuela. All Democratic senators and five Republican senators—Todd Young (Indiana), Lisa Murkowski (Alaska), Susan Collins (Maine), Rand Paul (Kentucky), and Josh Hawley (Missouri)—supported the resolution's advancement. This vote follows two prior unsuccessful attempts to pass similar measures.
The resolution seeks to require "the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress" and would mandate congressional approval for any future military actions involving Venezuela. While a further procedural vote and debate are anticipated for the following week, the resolution is considered unlikely to become law, as it would require the President's signature if it were to pass the House of Representatives. The vote, however, indicates a division among some Republican lawmakers regarding the administration's foreign policy approach.
Administration's Justifications and Congressional Scrutiny
The Trump administration asserted that the operation to capture Maduro was a "law enforcement" action that did not require congressional approval. Administration officials, including Secretary of State Marco Rubio and Defense Secretary Pete Hegseth, conducted briefings for lawmakers after the operation. The administration has cited legal justifications for its operations in Central and South America, including authorizations for global counter-terrorism efforts and conducting law enforcement operations. It has also justified its actions by stating the U.S. is engaged in a "non-international armed conflict" with drug cartels designated as terrorist organizations, claiming their drug smuggling constitutes an "armed attack" against U.S. citizens. The Justice Department's Office of Legal Counsel opinion supporting these strikes remains classified. President Trump also signed an executive order designating fentanyl as a "weapon of mass destruction," although fentanyl was not specified in the indictment against Maduro. House Speaker Mike Johnson (R-Louisiana) stated it was "not a regime change" but a "demand for change of behavior by a regime," adding that troops on the ground were not expected and that the U.S. was "not in a war in Venezuela."
Democratic Senators, including Tim Kaine (D-Va.) and Jeanne Shaheen (D-N.H.), criticized the lack of prior congressional notification. Senator Kaine stated that Trump had "put American servicemembers at risk with this unauthorized attack." Senator Shaheen expressed concern over the administration's intentions for regime change and the absence of a long-term strategy. Senator Kaine further stated that indications from the administration suggested a potential U.S. occupation and involvement in Venezuela for "a few years." Other senators supporting the resolution raised concerns that a prolonged campaign would contradict President Trump's stated goal of ending foreign entanglements (Young), emphasized the need for congressional approval for troop deployment in hostilities (Hawley), and characterized actions including "bombing a capital and removing the head of state" as warfare, warranting congressional authorization (Paul).
Senator Paul also shared information from the U.S. Coast Guard, indicating that out of 212 suspected drug smuggling vessel interdictions between September 1, 2024, and October 7, 2025, 41 had "no illicit contraband on board." Specifically, in the Caribbean Sea, 14 of 69 interdictions lacked contraband, with 11 of those not appearing to violate federal criminal offenses. Of 14 vessels interdicted near Venezuela, three had no illicit contraband, though one violated other U.S. federal criminal statutes.
Constitutional Framework for Military Action and Related Concerns
The U.S. Constitution grants Congress the power to declare war, a power last exercised for World War II, while the President serves as commander-in-chief. The 1973 War Powers Resolution, enacted over President Richard Nixon's veto, requires the president to report to Congress within 48 hours of introducing U.S. military forces into hostilities and to terminate operations within 60 days unless Congress approves. No authorization for military force in Venezuela has been passed. Federal law typically mandates prior notice of sensitive covert actions to eight bipartisan senior members of Congress; however, no lawmakers appear to have been notified in advance for the Venezuela operation.
Beyond Venezuela, reports have emerged of discussions involving President Trump and administration officials regarding the potential acquisition of the Danish territory of Greenland. Democratic senators and some Republicans are considering a second resolution to prevent similar operations concerning Greenland. Senator Ruben Gallego (D-AZ) stated he is developing a resolution to "block Trump from invading Greenland," and Senator Kaine indicated that resolutions concerning Greenland, Cuba, Mexico, Colombia, and Nigeria would soon be filed. Senator Lindsey Graham (R-SC) articulated a view supporting the President's authority as commander-in-chief to use military force without specific congressional approval in certain situations, including regarding Greenland.
Background on U.S.-Venezuela Relations
Nicolás Maduro has led Venezuela since 2013, succeeding Hugo Chávez, who held office from 1999. Under both leaders, U.S. relations with Venezuela have experienced strain due to differing foreign policy objectives, oil interests, and human rights concerns. In July 2024, Maduro declared victory in an election that international observers characterized as fraudulent, with opposition candidate Edmundo González Urrutia reportedly receiving approximately 70% of the vote.
In September, the U.S. government undertook operations against vessels off the coast of Venezuela, resulting in over 100 fatalities. President Trump described these actions as efforts to thwart drug smuggling. The administration has also increased pressure on Venezuela, including seizing sanctioned oil tankers.
Contested Claims Regarding Venezuela Operations
Several claims made by President Trump regarding Venezuela operations have been met with contradictory evidence or expert opinion:
- Maria Corina Machado's Support: President Trump claimed that Venezuelan opposition leader Maria Corina Machado "doesn't have the support or the respect within the country." However, a March poll by ClearPath Strategies indicated Machado had a 72% approval rating from Venezuelans. Machado also recently received the Nobel Peace Prize for her advocacy for democracy in Venezuela.
- Drug Smuggling Claims: Trump asserted that each U.S. boat strike off Venezuela's coast saved 25,000 lives by intercepting drugs. Since September, the administration has reported 32 such strikes, resulting in about 115 deaths. Experts on drug trafficking and Venezuela have stated that Venezuela plays a minor role in drugs reaching the U.S. The administration has not provided evidence regarding the type or quantity of drugs on the seized vessels. U.S. drug overdose deaths from May 2024 to April 2025 totaled 73,000, making Trump's claim of 800,000 potential deaths from 32 boats mathematically inconsistent with reported overdose fatalities.
- Tren de Aragua Gang Allegations: Trump stated that "Maduro sent savage and murderous gangs, including the bloodthirsty prison gang Tren de Aragua, to terrorize American communities nationwide." The U.S. Justice Department indictment against Maduro does not include this claim. An April report from the federal National Intelligence Council indicated that while Venezuela's permissive environment allows Tren de Aragua to operate, "the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States."
- Venezuelan Oil Claims: Trump claimed Venezuela "stole" U.S. oil in the past and demanded its return. Venezuela nationalized its oil industry in 1975, after decades during which foreign companies had extensive access to its oil resources. U.S. oil companies incurred approximately $5 billion each in asset losses and received $1 billion each in compensation, according to news reports. Experts note that international law, specifically the Annex to the Hague Convention of 1907, prohibits the confiscation of private property and pillage during conflict.