Immigration judge orders NYC Council employee deportation, sparks city backlash

An immigration judge has ordered the deportation of a former New York City Council employee who federal officials said in January was an undocumented immigrant with a prior arrest for assault.

City Council President Julie Menin announced the eviction decision Wednesday, condemning it as a “totally deplorable miscarriage of justice” and vowing to fight back with an appeal.

Two months ago, Rafael Andres Rubio Bohorquez, 53, was arrested 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 that although he did not have work authorization, Rubio Bohorquez had been employed by the New York City Council as a data analyst for about a year.

DHS EXPOSES BACKGROUND ON NYC COUNCIL EMPLOYEE AFTER MENDINI SMOKED BY ARREST

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

Local officials, including Mayor Zohran Mamdani and Menin, strongly disputed the DHS claims, emphasizing that Rubio Bohorquez had legal permission to remain in the United States, including the right to work.

“Today, Judge Conroy ordered the removal from the United States of Rafael Rubio, our City Council employee,” Menin said. “We are outraged and will continue to use all legal avenues 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

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New York City Council Speaker Julie Menin during an announcement in the Brooklyn borough of New York on January 12, 2026. (John Lamparski/Bloomberg)

Rubio Bohorquez entered the United States on a B2 tourist visa in 2017, which required him to leave that same year, according to DHS. Menin said the staffer had been allowed to stay in the country until October 2026.

She further called her immigration decision a “technical error” related to her asylum application. The employee allegedly had a missing signature on his paperwork and was not given a chance to correct it, a process that Rubio Bohorquez’s lawyer said would take only an hour, the New York Post reported, citing Menin.

“Today’s decision appears to depend on a procedural issue related to his asylum application,” Menin added. “This is extremely worrying. A technical error should not determine the fate of a man who did everything correctly and poses no risk to anyone.”

New York City Mayor Zohran Mamdani speaks to reporters during a press conference in New York on February 17, 2026. (AP Photo/Seth Wenig)

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Local authorities added that they would appeal and demanded the immediate release of Rubio Bohorquez until the legal process was completed.

“Let me be clear: Rafael should not continue to be detained while this case is resolved,” Menin said. “An appeal will be filed and we demand that Rafael’s case be properly heard before the April 17 deadline. At a minimum, he should be released pending that appeal. There is no justification for continuing to detain him in these circumstances.”

Fox News Digital has contacted DHS for more information.