Immigration judge orders eviction of NYC Council workers, sparking city backlash
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An immigration judge has ordered the deportation of a former New York City Council employee, saying in January that he was an undocumented immigrant with prior arrests.
City Council Speaker Julie Menin announced the deportation decision on Wednesday, condemning it as “absolutely unjust and deplorable” and vowing to fight back by filing an appeal.
Two months ago, Rafael Andres Rubio Bohorquez, 53, was arrested during an immigration roundup and identified by the Department of Homeland Security (DHS) as an “illegal alien” from Venezuela who revoked his visa.
Government officials said that despite not having a work permit, Rubio Bohorquez was employed by the New York City council as a data analyst for about one year.
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DHS said the New York City Council employee who arrested him, Rafael Andres Rubio Bohorquez, is a Venezuelan illegal immigrant with a criminal record. (DHS)
Local officials, including Mayor Zohran Mamdani and Menin, strongly disputed the claims of the DHS, insisting that Rubio Bohorquez had a legal right to stay in the US, including the right to work.
“Today, Judge Conroy ordered the extradition of Rafael Rubio, our City Council employee, to the United States,” Menin said. “We are outraged and will continue to pursue all legal channels for his release and to ensure that his case is heard on appeal.”
“This is a travesty of justice,” added Mamdani on the X site. “A dedicated civil servant with legal right to stay in the country, Rafael was singled out as an immigration regular and, despite following the rules, he has been detained and has now been for months.”
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Julie Menin, speaker of the New York City Council, when she made an announcement in the Brooklyn area 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 leave the same year, according to DHS. Meanwhile, Menin said the worker is allowed to stay in the country until October 2026.
He also called his immigration order a “technical error” related to his asylum claim. The employee reportedly had a missing signature on his paperwork and was denied the opportunity to correct it, a process Rubio Bohorquez’s attorney said would only take one hour, the New York Post reported, citing Menin.
“Today’s decision appears to hinge on a procedural issue related to his asylum claim,” Menin added. “That is very troubling. A technical error should not decide the fate of a man who did everything right and caused no harm 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 would file an appeal and demanded that Rubio Bohorquez be released immediately pending the conclusion of the trial.
“Let me make it clear: Rafael must not continue to be arrested while this is being processed,” said Menin. “An appeal will be filed, and we want Rafael’s case to be properly heard until the April 17 deadline. At the very least, he should be released pending that appeal. There are no reasons to continue detaining him under these circumstances.”
Fox News Digital reached out to DHS for more information.
