Did Jose Ibarra Enter US Under Donald Trump’s DED Program?!

Did Jose Ibarra, who allegedly murdered Laken Riley, enter the US under President Donald Trump’s DED program?!

Take a look at the viral claims, and find out what the facts really are!


Claim : Jose Ibarra Entered US Under Donald Trump’s DED Program!

Some people are claiming or suggesting that Jose Ibarra, the Venezuelan migrant who allegedly murdered Laken Riley, entered the US under the Deferred Enforced Departure program that President Donald Trump issued on the last full day of his Presidency.

Andrew : Laken Riley’s alleged murderer was let in under Trump and can someone please remind Raphael
@tedcruz that he’s literally an *immigrant* of *Hispanic* descent

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Truth : Jose Ibarra Did Not Enter US Under Donald Trump’s DED Program!

Let’s take a look at the claim that Jose Ibarra entered the US under Donald Trump’s DED program, and see what the facts really are!

Fact #1 : Donald Trump Issued Venezuela DED On His Last Full Day

First, let me start with a quick recap on the DED program that Donald Trump issued for Venezuela.

The Deferred Enforced Departure (DED) program offers temporary legal status for 18 months to Venezuelans fleeing the humanitarian crisis brought on by Nicolás Maduro’s regime. The DED is similar to the Temporary Protected Status (TPS), which protects recipients from deportation, and allows them to get work permits.

While Trump considered issuing a DED for Venezuela for several years, he refused to issue one until his last full day in office – 19 January 2021.

Fact #2 : DED For Venezuelans Have Some Limits

The DED that Donald Trump issued not only give Venezuelan migrants in the United States protection from deportation, it also gives them the right to seek employment. However, it wasn’t a blank cheque, and had some stipulations.

Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, subject to the conditions and exceptions provided below.

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Fact #3 : Jose Ibarra Did Not Qualify For DED

The DED that Donald Trump issued on his last full day of office was specifically limited to Venezuelan citizens who was present in the United States on 20 January 2021.

Jose Ibarra was first arrested with his girlfriend, Layling Franco, and her 5 year-old son, by US Border Patrol in El Paso, Texas, on 8 September 2022, after they illegally crossed the border.

Since he entered the US more than 1.5 years after that DED was issued, Jose Ibarra did not qualify for protection under the DED that Donald Trump issued.

Fact #4 : DED For Venezuela Expired In July 2022

Even if Jose Ibarra was somehow present in the United States on 20 January 2021, he was no longer protected by the DED that Donald Trump signed, because that expired 18 months after it was issued – on July 20, 2022.

As I pointed out above, the Deferred Enforce Departure that Donald Trump signed on his last full day of office lasted only 18 months. From 21 July 2022 onwards, there was no longer any DED protection for Venezuelan illegal migrants in the United States, and they can be deported.

ALERT: Deferred Enforced Departure (DED) for Venezuela expired on July 20, 2022. Venezuelans and individuals without nationality who last habitually resided in Venezuela who wish to apply for Temporary Protected Status (TPS) under the existing designation, including those who were covered under the January 2021 grant of DED, may apply for TPS before the registration period ends Sept. 9, 2022. You must meet all eligibility requirements for TPS Venezuela before we may grant your application.

DED Period: Jan. 20, 2021 – July 20, 2022

Fact #5 : Donald Trump Did Not Issue TPS For Venezuela

Some have pointed out that Jose Ibarra entered the US before TPS (Temporary Protected Status) expired for Venezuela.

As he was caught by US Border Patrol on 8 September 2022, it is possible that he did not manage to apply for TPS by the deadline of 9 September – the very next day.

But even if Jose Ibarra successfully applied for TPS by that deadline, Donald Trump would not have been responsible for that. The US President can issue DED, but TPS can only be granted by the Secretary of the Department of Homeland Security (DHS).

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