City Council Staffer Will Remain In ICE Custody, Judge Rules

NEW YORK CITY — A New York City Council staffer who detained by immigration officials when he showed up to a routine court appearance in Long Island last month has been denied bond, according to his lawyer.

Rafael Andres Rubio Bohorquez, 53, who has worked as a data analyst for city government for about a year, will remain in custody in Orange County after the judge's ruling on Monday, his lawyer told PIX11.

At the time of his arrest on Jan. 12, Council Speaker Julie Menin called the detainment "unacceptable" and an “egregious government overreach."

Menin claimed Bohorquez had a work visa through October.

"Despite every indication that he was doing everything the right way, he still found himself the victim of egregious government overreach,” she said.

The Department of Homeland Security called the 53-year-old a “criminal” who was in the country illegally and who should have been out of the U.S. years ago.

“On Jan. 12, ICE New York City arrested Rafael Andres Rubio Bohorquez, a criminal illegal alien from Venezuela and an employee of New York’s City Council. His criminal history includes an arrest for assault. He had no work authorization,” The DHS said in a statement.

According to the agency, Rubio entered the U.S. on a B2 tourist visa in 2017, and was required to leave the country within the same year.

According to Bojorquez's attorney, Roger Asmar, the 53-year-old first came to the U.S. in 2017 on a tourist visa and later received a Temporary Protected Status (TPS). The DHS has claimed he was supposed to leave the U.S. before he received the TPS.

Mayor Zohran Mamdani criticized federal authorities for the staffer's arrest in January.

“I am outraged to hear a New York City Council employee was detained in Nassau County by federal immigration officials at a routine immigration appointment. This is an assault on our democracy, on our city, and our values,” Mamdani said on X.“I am calling for his immediate release and will continue to monitor the situation.”