New York City Council worker detained by ICE for 5 months granted asylum

Rafael Rubio, the New York City Council worker who was detained and released by U.S. Immigration and Customs Enforcement, has now been granted asylum.

Rubio, a data analyst, was set to be deported but was released on June 19, three weeks after being granted asylum by an immigration judge. He had been detained for five months at Delaney Hall in Newark, New Jersey.

The Department of Homeland Security has appealed the granting of his asylum. CBS News New York reached out to DHS for comment, but did not immediately get a response.

Rubio said he was taken into custody at a routine asylum interview on Long Island on Jan. 12, despite having legal protection to live and work in the U.S. He said at the time his temporary protected status as a citizen of Venezuela lasts through October.

DHS had previously called Rubio "a criminal illegal alien from Venezuela" with a history that "includes an arrest for assault," adding, "He had no work authorization and his TPS had been terminated."

City Council Speaker Julie Menin disputed claims that Rubio overstayed a visa, was arrested and had no work authorization.

"He was wrongfully in ICE detention for months on end, which is unconscionable," Menin said Tuesday. "He had done nothing wrong, and now the government has acknowledged that he is rightfully supposed to be here and he was granted this permanent asylum."

Speaking about his time in detention, Rubio said he was scared and felt that he would never get out.

In a post on the City Council's website, Rubio said, "I thought that it was a done deal for me. I thought that my life and my dreams were over. And what happened since is a miracle that I still can't quite believe."

Rubio went on to thank his attorneys, Menin and the City Council.

As for other detention cases, Menin said the City Council has funded close to $82 million in legal services to make sure that the right to counsel is protected.