A former New York City Council employee faces deportation, a decision that has ignited a firestorm of protest from city officials. Rafael Andres Rubio Bohorquez, 53, was detained months ago during a routine immigration appointment, and now an immigration judge has ordered his removal from the United States.
The Department of Homeland Security identified Rubio Bohorquez as a Venezuelan national who overstayed his tourist visa and characterized him as a “criminal illegal alien” due to a prior assault arrest. However, city leaders vehemently dispute this characterization, insisting Rubio Bohorquez had legal authorization to work and reside in the U.S.
For roughly a year, Rubio Bohorquez served as a data analyst for the City Council, a position officials say he was fully qualified to hold. The sudden detention and impending deportation have sparked accusations of injustice and a determined fight to overturn the ruling.
City Council Speaker Julie Menin condemned the judge’s decision as a “miscarriage of justice and wholly deplorable,” vowing to pursue every possible legal avenue to secure Rubio Bohorquez’s release. She emphasized the outrage felt by those who know and work with him.
The core of the dispute appears to center on a technicality within Rubio Bohorquez’s asylum application. Officials claim a missing signature on his paperwork led to its denial, despite the fact that the error could have been rectified within an hour, according to his lawyer.
Mayor Zohran Mamdani echoed Menin’s sentiments, calling the situation “an affront to justice.” He highlighted the fact that Rubio Bohorquez diligently followed all procedures and was unjustly detained despite his legal standing.
Rubio Bohorquez initially entered the U.S. in 2017 on a B2 tourist visa, which required departure within the same year, according to DHS records. However, Menin maintains that Rubio Bohorquez had been cleared to remain in the country legally until October 2026.
An immediate appeal is planned, and officials are demanding Rubio Bohorquez’s release pending the outcome of the legal proceedings. They argue there is no justification for continued detention given the circumstances and the potential for a swift resolution.
The case has become a focal point for debate surrounding immigration policy and the potential for procedural errors to have devastating consequences. The fight to keep Rubio Bohorquez in the U.S. is now a race against time, with a legal deadline of April 17th looming.
Menin stated unequivocally that Rubio Bohorquez should not remain detained while the appeal is being processed. She believes his case deserves a full and fair hearing, free from the shadow of a minor technical oversight.
