Evidence is incomplete or still developing; a future update may resolve it. Learn more in Methodology.
Immigration entry/visa records and DHS/ICE records confirm the B2 entry in 2017, the October 22, 2017 required departure date, and that the individual lacked legal immigration status.
Available evidence confirms that ICE is asserting these facts—that Rubio entered the U.S. on a B‑2 tourist visa in 2017, was required to depart by October 22, 2017, and that he has “no legal right to be in the United States”—and multiple reputable outlets report ICE’s statement in essentially that form. However, there is an active legal dispute over his current immigration status and work authorization: a habeas corpus petition describes him as an asylum seeker with no criminal record, and New York City officials say he was legally allowed to remain and work through October while his case proceeded, directly contesting DHS’s characterization. Because the underlying immigration records (his I‑94, asylum filings, or any grant of authorization to remain/work) are not public and the matter is before a federal court, it is not currently possible to definitively verify whether he in fact “had no legal right” to be in the U.S., beyond reproducing the competing claims.
The verdict is Unclear because key primary immigration records and the habeas petition’s full factual allegations are not publicly accessible yet, and there is an ongoing legal process directly contesting ICE’s assertion about Rubio’s legal right to be in the United States.