A city council official was detained by U.S. Immigration and Customs Enforcement after President Trump ended a Biden-era program that provided legal protections for Venezuelans, according to documents reviewed.
Rafael Andres Rubio Bojorquez, 53, was taken into custody on Long Island and was labeled an “illegal alien” with a criminal record, although city officials insist he has permission to remain in the United States.
He was hired as a data analyst in January 2025 and had previously been arrested in March 2023 for third-degree assault causing injury, though that charge has been expunged, as noted by a source familiar with the situation.
The reasons behind the dismissal of the charges remain unclear. However, sources say he was approved in a background check last year when applying for his city role.
City officials maintain that Rubio Bojorquez was permitted to stay in the U.S. until October 2026, despite being detained during a routine interview at U.S. Citizenship and Immigration Services in Bethpage.
Internal records from ICE indicate that his temporary protected status and work permit were terminated on November 20, 2025, according to a knowledgeable person.
Rubio Bojorquez entered the U.S. on a tourist visa in 2017, later obtaining TPS, which allows work authorization, as per various sources and documents. The Trump administration sought an extension for the TPS on January 17, 2025, but then ended the program for South American immigrants shortly thereafter.
In October, the Supreme Court ruled that President Trump could revoke deportation protections for around 300,000 Venezuelans in the U.S.
The Department of Homeland Security (DHS) claimed Rubio Bojorquez had applied for protection before it was revoked and could legally stay in the country until October 2, 2026. Reports suggest he had received a work permit when he started his city council job, but that was canceled months later.
DHS has not commented on the specifics of his TPS status. In a Monday statement, they noted he arrived in 2017 with a tourist visa that was meant to expire later that year. DHS spokesperson Tricia McLaughlin referred to him as a “criminal illegal alien,” citing his previous arrest.
Officials from the council have said that background checks for Rubio Bojorquez revealed no criminal history. This vetting process, described as thorough, is conducted by internal attorneys with the requirement that applicants provide necessary documentation like Social Security numbers and work authorizations.
“There’s no way around it. A council can’t just hire someone without proper immigration documents,” stated a source involved.
A hearing is set for Friday where Rubio Bojorquez’s legal team will argue for his release from custody. They have expressed concerns that without court relief, he could face extended detention and unnecessary hardship.
City Council President Julie Menin announced Rubio Bojorquez’s detention at a press conference, stating that he is being held in a facility in New York state.
“All staff passed the standard background checks as part of their council applications,” she mentioned, adding that they are attempting to contact his immigration lawyer.
A rally occurred on Tuesday outside the Manhattan detention center, attended by city and state lawmakers demanding his release and criticizing immigration authorities.
“This situation underscores the need to change the conversation around crime,” said Councilmember Sandy Nurse at the rally. “This isn’t really about law and order. It’s about power, a political agenda aimed at enacting a discriminatory narrative. It’s appalling.”
Governor Kathy Hochul also expressed her support for Rubio Bojorquez in her State of the State address, pointing out that a legal work permit holder isn’t a threat. “Analysts? They’re just doing their jobs,” she said.
