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A woman waves Venezuela's flag out her sunroof in celebration after news of Venezuelan President Nicolás Maduro being captured and flown out of the country, in Doral, Fla., Jan. 3, 2026. (AP) A woman waves Venezuela's flag out her sunroof in celebration after news of Venezuelan President Nicolás Maduro being captured and flown out of the country, in Doral, Fla., Jan. 3, 2026. (AP)

A woman waves Venezuela's flag out her sunroof in celebration after news of Venezuelan President Nicolás Maduro being captured and flown out of the country, in Doral, Fla., Jan. 3, 2026. (AP)

Samantha Putterman
By Samantha Putterman January 7, 2026

DeSantis repeats unfounded claim that Maduro sent freed Venezuelan prisoners to the US

If Your Time is short

  • Immigration experts in the United States and Latin America and groups that track Venezuelan prisons said Venezuela has no known policy or practice of sending prisoners to the U.S., and Venezuelan prisons remain overcrowded.

  • PolitiFact found no evidence, such as academic or government reports, about Venezuelan leader Nicolás Maduro releasing prisoners to the U.S.

  • The claim became viral in the U.S. after a 2022 Breitbart article reported it, citing an unnamed source. 

After U.S. officials arrested Venezuelan leader Nicolás Maduro, Florida Gov. Ron DeSantis lauded the operation, saying the state’s large Venezuelan population knows firsthand how "destructive" Maduro’s policies were. 

DeSantis also said during a Jan. 5 press conference that Maduro was "releasing people from his prisons and sending them to our southern border under the Biden administration" and that he "deserves to be brought to justice."

DeSantis repeated the comments the following day, adding that Florida would consider bringing state drug charges against Maduro. 

PolitiFact has fact-checked similar statements by others. President Donald Trump made it a prominent campaign talking point ahead of the 2024 election. 

Then and now, we found no evidence, such as in academic or government reports, that Maduro purposely freed Venezuelan prisoners and sent them to infiltrate the U.S. before, during or after Joe Biden’s presidency. Groups that track Venezuelan prisons say they remain overcrowded. 

PolitiFact contacted DeSantis for comment but received no response.

Narrative rose to prominence in U.S. after anonymous source in 2022 article

In September 2022, as immigration at the southern U.S. border surged, 13 Republican Congress members sent a letter to then-Homeland Security Secretary Alejandro Mayorkas, requesting information on an "intelligence report" they said his department sent to Border Patrol agents. 

According to the lawmakers, DHS had told agents to be on the lookout for violent criminals who Venezuela was deliberately releasing from prisons and encouraging to join caravans headed to the U.S. 

When we examined the claim at the time, we found its only source was a Sept. 18, 2022, article by conservative news website Breitbart, which credited an anonymous U.S. Customs and Border Protection source who it said was not authorized to speak to the media. 

The article vaguely described the DHS intelligence report and did not link to it. The lawmakers sent a second letter to Mayorkas in February 2024 letter, again referring to the intelligence report and asking him to investigate. 

We reached out again to DHS and CBP about the report’s existence and asked for a copy. We received no response. In 2022, the fact-checking organization Factchequeado reported that DHS responded to its inquiry about the Breitbart article and said the article’s claims "are not verified." 

Experts say there’s no evidence for the prison claim

Experts in Venezuelan politics said Maduro could have been capable of such actions, and the FBI says some Venezuelan criminals have come to the U.S. 

But immigration experts in the U.S. and Latin America and Venezuelan criminologists said the assertion that the government freed Venezuelan prisoners and sent them to the U.S. southern border is baseless. 

"There is no evidence that (Maduro’s) government is freeing prisons or sending prisoners to the United States," Universidad Central de Venezuela criminology professor Luis Izquiel told PolitiFact in 2024. 

Mike LaSusa, deputy director of content at InSight Crime, a think tank focused on crime and security in the Americas, previously told PolitiFact that Venezuela’s government "has no known policy of selecting particular migrants to send them to any specific country, including the United States." 

The Observatorio Venezolano de Prisiones, an independent nonprofit that tracks Venezuela’s prison population, hasn’t reported that prisons emptied out during the Biden administration. In its 2023 report, the group said 64% of Venezuela’s prisons were overcrowded, estimating there were more than 33,500 inmates imprisoned, compared with a 20,000-person capacity. 

The non-governmental organization A Window to Freedom, which has monitored Venezuela’s prison population and conditions for over 25 years, reported that overcrowding in the country's pretrial detention centers, known as police cells, in 2023 was 189% — a 13% increase from 2022. 

On May 5, 2025, the federal National Intelligence Council released a declassified memo that found no evidence that the Venezuelan government under Maduro directed the Tren de Aragua gang or sent its members to the U.S. The gang formed in a Venezuelan prison. 

The U.S. does not admit people with criminal convictions who it encounters at U.S. ports of entry unless there are extenuating circumstances. Part of the entry process involves Border Patrol checking immigrants’ backgrounds and taking their fingerprints and other biometric information. 

Crime has declined in Venezuela in recent years, but experts say that isn’t evidence Maduro sent freed prisoners to the U.S. It's because of a confluence of factors, including a humanitarian crisis and a declining economy, pushing close to 8 million people to flee Venezuela since 2014. Most have migrated to Colombia, Peru, Ecuador and Chile. 

Many of the people who lived in poor and rural areas — who were often victims of crime — have left the country, experts said. 

"The opportunities for crime were lost," Roberto Briceño León, founder and director of the Venezuelan Observatory of Violence, which monitors crime in Venezuela, told PolitiFact in 2024. "Generalized poverty in the country, the absence of money circulating, the bankruptcy of companies and commerce all made the opportunities for crime in the country drop." 

Our ruling

DeSantis said Maduro "was releasing people from his prisons and sending them to our southern border under the Biden administration." 

We found no evidence, such as academic or government reports, that Maduro freed prisoners and sent them to the U.S. 

Immigration experts said Venezuela has no known policy or practice of sending prisoners to any specific country, including the U.S. And groups that track Venezuelan prisons said they remain overcrowded. 

We rate the statement False. 

RELATED: Fact-checking claim about Venezuela sending prisoners to the US southern border 

RELATED: Donald Trump exaggerates Venezuelan crime drop and misleads on root causes

PolitiFact Staff Writer Maria Ramirez Uribe contributed to this report.

Our Sources

X, Governor DeSantis Announces Milestone in Combating Illegal Immigration, Jan. 5, 2026 

PolitiFact, Fact-checking claim about Venezuela sending prisoners to the US southern border, Sept. 29, 2022

PolitiFact, No, the FBI did not say Venezuela sent its prison population to the U.S., April 4, 2024

PolitiFact, Donald Trump exaggerates Venezuelan crime drop and misleads on root causes,April 10, 2024

U.S. Justice Department, SEALED SUPERSEDING INDICTMENT US v MADURO, Accessed Jan. 5, 2026

Breitbart, EXCLUSIVE: Venezuela Empties Prisons, Sends Violent Criminals to U.S. Border, Says DHS Report, Sept. 18, 2022 

CNN, This is the dangerous Venezuelan gang infiltrating the US that you probably know nothing about but should, June 10, 2024 

House.gov, Republican letter to Alejandro Mayorkas, Feb. 29, 2024 

Factchequeado, What do we know about the report that claims Nicolás Maduro is "emptying the prisons" of Venezuela in order to send "criminals" to the United States?, Sept. 30, 2022

FactCheck.org, Crime Drop in Venezuela Does Not Prove Trump’s Claim the Country Is Sending Criminals to U.S., June 14, 2024  

Observatorio Venezolano de Prisiones, Annual and Semi-annual Reports, Accessed Jan. 6, 2026 

Reports from A Window to Freedom, Annual Report on the Human Rights Situation of Persons Deprived of Liberty in Pretrial Detention Centers in Venezuela 2023, Accessed Jan. 6, 2026 

Amnesty International, Facts and figures: Regularization and protection of Venezuelan nationals in Colombia, Ecuador, Peru and Chile, Sept. 21, 2023

National Intelligence Council, Venezuela Examining Regime Ties to Tren de Aragua, April 7, 2025 

The New York Times, Spy Agencies Do Not Think Venezuela Directs Gang, Declassified Memo Shows, May 5, 2025 

U.S. Customs and Border Protection, CBP Enforcement Statistics, Updated Dec. 17, 2025 

Efecto Cocuyo, Maduro did not empty Venezuela's prisons to send criminals to the United States, as Donald Trump claimed, June 28, 2024 

CazaDores, A Venezuelan rumor that reached the White House: Maduro "emptied" his prisons to invade the U.S., Aug. 9, 2025

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DeSantis repeats unfounded claim that Maduro sent freed Venezuelan prisoners to the US

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