US Immigration and Customs Enforcement detained a Metropolis Council staffer after President Trump ended a Biden-era authorized safety program for Venezuelans, data reviewed by The Publish present.
Rafael Andres Rubio Bohorquez, 53, was labeled an “unlawful alien” with a prison historical past by federal authorities after he was taken into custody on Lengthy Island Monday — however metropolis officers have maintained he has completed nothing unsuitable and had permission to be within the US.
The info analyst, who was employed in January 2025, was arrested for third-degree assault inflicting bodily harm in Queens in March 2023 – however that cost was later cleaned from his document, sources conversant in the matter mentioned.
It’s unclear why the cost was expunged – however he handed a background verify when he utilized for the town authorities gig final yr, in keeping with sources and an electronic mail reviewed by The Publish.
Metropolis officers have argued Rubio Bohorquez had permission to be within the US till October 2026, however was detained anyway in the course of the routine appointment at a US Citizenship and Immigration Providers workplace in Bethpage.
However inner ICE data point out that Rubio Bohorquez had his Short-term Protected Standing and work authorization terminated on Nov. 20, 2025, an individual with information of the case advised the New York Occasions.
Rubio Bohorquez first reached the US in 2017 on a vacationer visa – and later was granted TPS that allowed for work authorization, in keeping with sources and paperwork reviewed by The Publish.
He utilized for an extension on Jan. 17, 2025 — earlier than the Trump administration ended the 2023 program for migrants from the South American nation the next month, the paperwork present.
The Supreme Courtroom decided in October that Trump might strip the deportation protections from 300,000 Venezuelans within the US.
The Division of Homeland Safety‘s web site exhibits Rubio Bohorquez was allowed to remain within the US till Oct. 2, 2026, since he utilized earlier than the protections have been revoked.
Sources mentioned he had work authorization when he utilized for the Metropolis Council gig in January 2025, although it was revoked months later, in keeping with the Occasions.
DHS didn’t return a request for remark for extra details about Rubio Bohorquez’s TPS standing Tuesday.
The division mentioned in an announcement Monday he arrived on a vacationer visa in 2017 and was supposed to go away the nation later that yr. DHS Assistant Secretary for Public Affairs Tricia McLaughlin cited the Venezuelan nationwide’s previous arrest for assault, labeling him a “prison unlawful alien.”
No prior prison document turned up when the Council ran a background verify on Rubio Bohorquez, in keeping with sources linked to former Speaker Adrienne Adams, underneath whose tenure he was employed.
The vetting course of was described as “strong” and completed by attorneys in-house, with sources saying workers must submit applicable paperwork, together with a social safety quantity and federal work authorization documentation, to land a metropolis authorities place.
“There’s no manner round that — just like the Council can’t simply wink and nod and rent somebody with out correct immigration paperwork,” one supply mentioned.
A listening to was set for Friday, at which Rubio Bohorquez’s authorized staff will argue he ought to be launched from detention.
“With out reduction from this courtroom, he faces the prospect of months, and even years, in immigration custody, and would endure undue hardship,” his lawyer wrote in a petition filed Tuesday that states he’s looking for asylum.
Council Speaker Julie Menin first revealed Rubio Bohorquez’s detainment throughout a Monday night time press convention. She mentioned in a follow-up assertion Tuesday that the staffer was being held at a New York state facility.
“As a part of his utility to work for the Council, the staffer cleared the usual background verify performed for all candidates,” she mentioned in an announcement.
“The Council has been unable to contact the staffer however is working to get in contact with the staffer’s immigration counsel.”
A rally with a collection of metropolis and state lawmakers exterior the Manhattan detention middle referred to as for his freedom and bashed immigration authorities Tuesday afternoon.
“This precisely proved that we now have to cease speaking about criminality,” mentioned Council Member Sandy Nurse (D-Brooklyn) on the rally.
“This isn’t about criminality. This isn’t about regulation and order. That is about energy. And particularly, it is a political challenge by america president to enact white energy. It’s disgusting.”
Gov. Kathy Hochul additionally backed the staffer throughout her State of the State deal with Tuesday.
“Yesterday, they arrested an analyst in New York Metropolis Corridor, an analyst with authorized work authorization,” she mentioned.
“Have you ever met an analyst these days? They’re actually not threatening. They’re not the baddest of the unhealthy. They’re simply doing their jobs. Is that individual actually a risk? Come on.”
— Further reporting by Joe Marino, Ben Kochman and Vaughn Golden
