(The Center Square) — A New York City Council employee detained by federal authorities more than two months ago must be deported, a federal judge has ruled.
Rafael Rubio, a 53-year-old Venezuelan national, was detained in January by federal immigration officials in Nassau County during a “routine” appointment, and a group of Democrats has been pressing for his release. He remains in ICE custody after a U.S. Immigration Judge Charles Conroy rejected his asylum application earlier this week.
City Council Speaker Julie Menin, who has led calls for Rubio’s release, claims he had legal authorization to remain in the country until October, despite claims by federal authorities he had overstayed his 2017 tourist visa and lacked work authorization. She criticized the ruling, claiming the judge refused to remove the deportation order because of a “missing signature” on his application.
“That is not justice. That is an extreme, cruel, inhumane outcome based on a technical procedural issue,” Menin said in a statement. “Let me be clear: Rafael should not continue to be detained while this is sorted out.”
But the Department of Homeland Security defended the deportation order, saying Rafael had entered the country in 2017 on a tourist visa that required him to leave by Oct. 22 that year. He lacks federal work authorization, they said.
“Today, an immigration judge ordered Rafael Andres Rubio Bohorquez, a criminal illegal alien from Venezuela and an employee of New York’s City Council a final order of removal,” DHS said in a statement. “His criminal history includes an arrest for assault. This ruling is a victory for the rule of law. ICE will work as quickly as possible to return this criminal to his home country.”
In court filings, Rubio’s attorney said he has applied for Temporary Protected Status for Venezuelans, an emergency asylum law the Trump administration is trying to end. The issue of extending the TPS program is set to be heard by the U.S. Supreme Court next week.
New York City Mayor Zohran Mamdani joined a growing chorus of top New York Democrats criticizing the immigration judge’s ruling, echoing calls for his release.
“This is an affront to justice,” the democratic socialist said in a statement. “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. He should be immediately released.”
Attorney General Letitia James also criticized the judge’s decision, calling it “outrageous” and demanding that federal authorities release him.
