Arrest blasted by Mamdani involved illegal alien with assault record, feds say

Following New York City Mayor Zohran Mamdani’s outrage over the arrest of a city council employee, the Department of Homeland Security said the person arrested was an illegal immigrant with a previous arrest for assault.

According to DHS, the employee, Rafael Andres Rubio Bohorquez, 53, is a “criminal illegal alien” from Venezuela. The agency said that although Rubio Bohorquez is employed by the city council of the largest city in the United States, he does not have a work permit and was employed illegally.

Additionally, DHS said Rubio Bohorquez has a criminal history, including an arrest for assault in New York.

Rubio Bohorquez entered the United States on a B2 tourist visa in 2017, which required him to leave that same year, according to DHS.

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DHS said the New York City Council employee it arrested, Rafael Andres Rubio Bohorquez, is an illegal Venezuelan immigrant with a criminal history. (EDS)

DHS Deputy Secretary Tricia McLaughlin called it “shocking” that “an unauthorized criminal illegal alien” was employed by the New York City Council.

“It takes the sanctuary city to a whole new level,” McLaughlin said.

“This criminal illegal alien has no authority to reside in the United States and has already been arrested for assault. Under President Trump and Secretary Noem, the United States is no longer a safe haven for criminals.”

Mamdani and other city leaders demanded the man’s release Monday.

“I am outraged to learn that a New York City Council employee was arrested in Nassau County by federal immigration agents during a routine appointment,” Mamdani wrote in a statement on X.

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New York City Mayor Zohran Mamdani was elected in November 2025 and was sworn in as the city’s first socialist mayor on January 1, 2026. (Michael M. Santiago/Getty Images)

He called the arrest “an attack on our democracy, on our city and our values. I call for his immediate release and I will continue to monitor the situation.”

New York City Council Speaker Julie Menin held a press conference Monday demanding the employee’s release. She claimed the employee was allowed to stay in the United States until October 2026.

The DHS, however, maintains that he does not even have authorization to travel to the United States.

“DHS confirmed that this employee showed up for a routine court appointment and was nevertheless detained. They provided no other reason for his detention,” Menin said during a press briefing Monday. “On the contrary, he was a city hall employee who did everything right. He addressed the court when asked.”

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New York AG Letitia James with New York Mayor Zohran Mamdani. (Getty)

Menin said the employee worked as a data analyst and had been in that position for about a year.

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New York Attorney General Letitia James supported calls for the employee’s release later Monday.

A spokesperson for James shared a statement from James saying, “We will not tolerate attacks on our city, its officials and its residents.”

Fox News Digital also reached out to Mamdani and the New York City Council for comment, but did not immediately receive a response.

Anders Hagstrom of Fox News Digital contributed to this report.