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An immigration judge has ordered the deportation of a former New York City Council employee federal officials said in January was an undocumented immigrant with a prior assault arrest.
City Council Speaker Julie Menin announced the deportation ruling on Wednesday, condemning it as a “miscarriage of justice and wholly deplorable” and pledging to fight back by filing an appeal.
Two months ago, Rafael Andres Rubio Bohorquez, 53, was detained during an immigration appointment and was identified by the Department of Homeland Security (DHS) as a Venezuelan “criminal illegal alien” who overstayed his visa.
Federal officials said despite having no work authorization, Rubio Bohorquez was employed by the New York City council as a data analyst for roughly one year.
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DHS said the New York City Council employee it arrested, Rafael Andres Rubio Bohorquez, is a Venezuelan illegal immigrant with a criminal history. (DHS)
Local officials, including Mayor Zohran Mamdani and Menin, strongly disputed DHS claims, stressing that Rubio Bohorquez had legal authorization to remain in the U.S., including the right to work.
“Today, Judge Conroy ordered the removal of Rafael Rubio, our City Council employee, 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 properly heard on appeal.”
“This is an affront to justice,” Mamdani added in a post on X. “A dedicated public servant with legal authorization to remain in the country, Rafael showed up for a routine immigration appointment and, despite following the rules, he was detained and has now been held for months.”
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Julie Menin, speaker of the New York City Council, during an announcement in the Brooklyn borough of New York, US, on Monday, Jan. 12, 2026. (John Lamparski/Bloomberg)
Rubio Bohorquez entered the United States on a B2 tourist visa in 2017, which required him to depart the same year, according to DHS. Meanwhile, Menin said the staff member had been cleared to remain in the country until October 2026.
She further called his immigration order a “technical error” related to his asylum application. The staffer reportedly had a missing signature on his papers and was denied the opportunity to rectify it, a process which Rubio Bohorquez’s lawyer said would only take one hour, the New York Post reported, citing Menin.
“Today’s ruling appears to hinge on a procedural issue related to his asylum application,” Menin added. “That is extremely troubling. A technical error should not determine the fate of a man who has done everything right and poses no risk to anyone.”
New York City Mayor Zohran Mamdani speaks to reporters during a news conference in New York on Feb. 17, 2026. (AP Photo/Seth Wenig)
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Local officials added that they will file an appeal and demanded Rubio Bohorquez’s immediate release until the legal proceedings are completed.
“Let me be clear: Rafael should not continue to be detained while this is sorted out,” Menin said. “An appeal will be filed, and we demand that Rafael’s case be properly heard by the deadline on April 17. At a minimum, he should be released pending that appeal. There is no justification for continuing to hold him under these circumstances.”
Fox News Digital reached out to the DHS for more information.