Immigration judge orders NYC Council employee deportation, sparks city backlash
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An immigration judge ruled in January that federal authorities deport a former New York City Council employee who they said was an undocumented immigrant who had previously been arrested for assault.
City Council President Julie Menin announced the deportation decision on Wednesday, condemning it as a “miscarriage of justice and completely deplorable” and vowing to fight by appealing.
Two months ago, 53-year-old Rafael Andres Rubio Bohorquez was detained during an immigration appointment and identified by the Department of Homeland Security (DHS) as a Venezuelan “illegal felon” who had overstayed his visa.
Federal officials said Rubio Bohorquez worked as a data analyst for the New York City Council for about a year, even though he did not have a work permit.
DHS EXPOSES NYC COUNCIL STAFF’S BACKGROUND AFTER MENDINI’S ARREST.
DHS said the New York City Council employee it arrested, Rafael Andres Rubio Bohorquez, was a Venezuelan illegal immigrant with a criminal history. (DHS)
Local officials, including Mayor Zohran Mamdani and Menin, strongly disputed DHS’s claims and emphasized that Rubio Bohorquez had legal permission to remain in the United States, including the right to work.
“Today, Judge Conroy ordered our City Council staffer, Rafael Rubio, removed from the United States,” Menin said. “We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is heard properly on appeal.”
Mamdani added in a post on X: “This is an affront to justice.” “Rafael, a dedicated public servant with legal authority to remain in the country, arrived for a routine immigration appointment and, despite complying with the rules, was detained and has been detained for months.”
DHS DEMANDS THAT LETITIA JAMES TAKE ACTION ABOUT NEW YORK’S REFUSE TO HONOR ICE CAPITALS
New York City Council Speaker Julie Menin during an announcement in the Brooklyn borough of New York, USA, on Monday, January 12, 2026. (John Lamparski/Bloomberg)
According to DHS, Rubio Bohorquez entered the United States in 2017 on a B2 tourist visa, which required him to leave that same year. Meanwhile, Menin said staff are allowed to stay in the country until October 2026.
He also described the immigration order as a “technical error” regarding his asylum application. Staff reportedly had a missing signature on their paperwork and were denied the opportunity to correct it; Rubio Bohorquez’s lawyer says the process will only take an hour, New York Post reportedQuoting Menin.
“Today’s decision appears to be based on a procedural issue regarding the asylum application,” Menin said. he added. “This is extremely disturbing. A technical error should not decide the fate of a man who did everything right and posed no risk to anyone.”
New York City Mayor Zohran Mamdani speaks to reporters at a press conference on February 17, 2026 in New York City. (AP Photo/Seth Wenig)
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Local authorities stated that they would appeal and demanded that Rubio Bohorquez be released immediately until the legal proceedings are completed.
“Let me be clear: Rafael should not continue to be detained until this issue is resolved,” Menin said. “An appeal will be lodged and we demand that Rafael’s case be heard properly by April 17. He should be released at least pending the appeal. There is no justification for continuing to detain him under these circumstances.”
Fox News Digital has reached out to DHS for more information.
