An immigration judge has ordered the deportation of a former New York City Council staffer identified by federal authorities as a Venezuelan national with an assault arrest and no legal right to remain in the United States, Fox News reported.
Rafael Andres Rubio Bohorquez, 53, who worked as a data analyst for the City Council, was first detained by Immigration and Customs Enforcement (ICE) in January after appearing for what he believed was a routine immigration appointment.
Federal officials quickly revealed that Rubio Bohorquez had overstayed a tourist visa he entered on in 2017 and had been living in the country unlawfully ever since.
According to the Department of Homeland Security (DHS), Rubio Bohorquez is a “criminal illegal alien” with a prior arrest for assault in New York.
DHS announced earlier this year:
The U.S. Department of Homeland Security (DHS) announced the arrest of a criminal illegal alien from Venezuela and New York City Council employee, Rafael Andres Rubio Bohorquez. This illegal alien’s criminal history includes an arrest for assault in New York. He had no work authorization and was illegally employed.
Rubio entered the United States on a B2 tourist visa in 2017 that required him to depart the U.S by October 22, 2017. He had no legal right to be in the United States.
“A criminal illegal alien with no authorization to work in the U.S. being employed by the New York City Council is shocking. This takes sanctuary city to a whole new level,” said Assistant Secretary Tricia McLaughlin. “This criminal illegal alien has no authority to be in the U.S. and has a previous arrest for assault. Under President Trump and Secretary Noem, the United States is no longer a safe haven for criminals.”
Despite those findings, New York City Democrats rushed to defend the staffer, insisting he was a law-abiding employee who had passed background checks and was authorized to work.
Democrat city officials even claimed he had no criminal record, directly contradicting DHS statements that pointed to his prior arrest and immigration violations.
City Council Speaker Julie Menin announced the deportation ruling on Wednesday.
“Today, Judge Conroy ordered the removal of Rafael Rubio, our City Council employee, from the United States. We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is properly heard on appeal.
“This outcome does not change the fundamental facts of this case: Rafael had legal authorization to remain in the United States, he followed the rules, and he showed up for a routine immigration appointment — only to be detained and held for months now.
“Today’s ruling appears to hinge on a procedural issue related to his asylum application. 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.
“Let me be clear: Rafael should not continue to be detained while this is sorted out.
“An appeal will be filed, and we demand that Rafael’s case be properly heard by the deadline on April 17. At a minimum, he should be released pending that appeal. There is no justification for continuing to hold him under these circumstances.
“Rafael is a valued public servant and a beloved member of the City Council team. His continued detention is unjust, and we will not accept this outcome.”
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