An immigration judge has ordered the deportation of a New York City Council employee federal officials identified as an undocumented immigrant with a prior assault arrest, prompting city leaders to announce plans to appeal the ruling.

Rafael Andres Rubio Bohorquez, 53, was detained during an immigration appointment in January and identified by the Department of Homeland Security as a Venezuelan national who overstayed his visa. Federal officials said despite having no work authorization, Rubio Bohorquez was employed by the New York City Council as a data analyst for roughly one year.

City Council Speaker Julie Menin announced the deportation ruling on Wednesday, calling it a 'miscarriage of justice and wholly deplorable' and pledging to fight back by filing an appeal.

What the Left Is Saying

Local officials, including Mayor Zohran Mamdani and Council Speaker Julie Menin, strongly disputed DHS claims about Rubio Bohorquez's immigration status, stressing that he had legal authorization to remain in the U.S., including the right to work.

"Today, Judge Conroy ordered the removal of Rafael Rubio, our City Council employee, from the United States," Menin said. "We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is properly heard on appeal."

Mamdani called the ruling an affront to justice. "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," Mamdani wrote on X.

Menin said the staff member had been cleared to remain in the country until October 2026 and called his immigration order a "technical error" related to his asylum application. According to reports citing Menin, the staffer had a missing signature on his papers and was denied the opportunity to rectify it — a process his lawyer said would only take one hour.

"Today's ruling appears to hinge on a procedural issue related to his asylum application," Menin added. "That is extremely troubling. A technical error should not determine the fate of a man who has done everything right and poses no risk to anyone."

City officials said they will file an appeal and demanded Rubio Bohorquez's immediate release until the legal proceedings are completed. The appeal deadline is April 17.

What the Right Is Saying

Federal officials have maintained that Rubio Bohorquez is an undocumented immigrant who entered the United States on a B2 tourist visa in 2017 and was required to depart the same year but did not. DHS has described him as a "criminal illegal alien" who overstayed his visa.

According to federal authorities, Rubio Bohorquez had no work authorization at the time of his employment with New York City Council. The Department of Homeland Security has demanded that state officials take action over what it characterizes as New York's refusal to honor immigration detainers.

The case has become a point of contention between local officials who say they are protecting residents with legal authorization to remain in the country and federal immigration enforcement authorities who argue such individuals should be subject to removal proceedings.

What the Numbers Show

According to DHS, Rubio Bohorquez entered the United States on a B2 tourist visa in 2017. The visa required departure in the same year, which federal officials say did not occur.

City officials said Rubio Bohorquez had been cleared to remain in the U.S. until October 2026, suggesting pending immigration relief or an application in process. His case involves a procedural issue with his asylum application related to a missing signature.

The appeal deadline is set for April 17, according to Council Speaker Menin. Rubio Bohorquez has been detained for approximately two months since his arrest in January.

The Bottom Line

The deportation order against Rafael Rubio Bohorquez marks another flashpoint in the ongoing tension between local governments and federal immigration authorities over the treatment of individuals detained during routine immigration proceedings.

City officials have vowed to pursue every legal avenue to block the deportation, arguing that a procedural error should not determine the outcome of an immigration case for someone who followed all rules and poses no public safety threat. The appeal, expected by April 17, will test whether the technical asylum application issue can overcome the underlying visa overstay determination.

The case highlights broader questions about the rights of individuals with pending immigration applications, the scope of local versus federal authority in immigration enforcement, and the fate of employees working for municipal governments who become caught in removal proceedings.