New York City Council employee detained by ICE must be deported, federal judge rules
A New York City Council employee who was detained by U.S. Immigration and Customs Enforcement more than two months ago must be deported, a federal judge says.
City Council data analyst Rafael Rubio is set to be deported back to his native Venezuela based on an immigration ruling made Wednesday.
In a statement, a Department of Homeland Security spokesperson said, in part, "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. 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."
According to DHS, Rubio overstayed a 2017 tourist visa, was arrested for assault and has no work authorization.
City Council Speaker Julie Menin has disputed DHS's claim and has been fighting for Rubio's release ever since he was detained at a routine immigration hearing on Long Island back in January.
"We engaged with many members of Congress – Congress Member Dan Goldman, Congress Member [Grace] Meng. We engaged with Congressman Garbarino, who is the chair of the Homeland Security committee," she said.
Despite their efforts, she said Rubio was denied bond and has remained in ICE detention in Lower Manhattan.
"Today, in immigration court, Judge Conroy deemed Rafael's asylum application, quote unquote, 'abandoned' based on a technical issue related to a missing signature," Menin said. "The judge refused to allow the issue to be corrected."
She said federal procedure allows applications to be cured for good cause and Rubio's attorney even offered to fix it within an hour.
"That is not justice. That is an extreme, cruel, inhumane outcome based on a technical procedural issue," Menin said.
New York State Attorney General Letitia James posted on Facebook, in part, "This deportation order is outrageous ... He followed the law. He should be released."
The judge has given Rubio's attorney until April 17 to file an appeal of the deportation order. He remains in ICE custody until then.
Menin said Rubio's legal team is continuing to fight for him to be released while this is sorted out, saying he has cleared all background checks to work for the city.
In February, Rubio's attorney told the judge he had a Temporary Protected Status application. Protected status for Venezuelans was terminated by DHS this past October, but Rubio's legal team continues to fight.
