A federal judge ruled Wednesday a New York City Council staffer who is an illegal alien must be deported, a decision that has enraged Democrat socialist Mayor Zohran Mamdani.
The news surrounds 53-year-old Rafael Andres Rubio Bohorquez of Venezuela who worked as a data analyst for the council, CBS News reported.
The U.S. Department of Homeland Security (DHS) said he overstayed a 2017 tourist visa, was arrested for assault, and does not have authorization to work in the United States.
A DHS spokesperson explained, “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.”
The man has been in U.S. Immigration and Customs Enforcement (ICE) custody since January when Mamdani said he was “outraged” over Bohorquez’s detention, Breitbart News reported at the time.
The city has reportedly been harboring thousands of criminal illegal aliens and shielding them from immigration officials as President Donald Trump worked to crack down on illegal alien crime across the nation.
In a social media post on Wednesday, Mamdani called the judge’s decision “an affront to justice.”
“Today, an administrative immigration judge ordered the deportation of Rafael Rubio, a City Council employee. This is 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. He should be immediately released,” he wrote.
Bohorquez’s attorney has until April 17 to file an appeal of the deportation order, the CBS article said.
“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,” the outlet said.
Meanwhile, Council Speaker Julie Menin has claimed the issue lies with a technical error and her team is working for his release, ABC 7 reported Wednesday.
“Today, a federal immigration judge wrongfully ordered the deportation of our Council employee, Rafael Rubio. We demand that ICE immediately release Rafael from federal detention and return him home,” she wrote in a social media post:
“Rafael had legal authorization to work here and today’s decision is a miscarriage of justice and wholly deplorable,” Menin concluded.


