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NYC Council staffer detained by ICE: Latest
The New York City Council staffer detained by ICE agents during a routine court check-in has been identified. FOX 5 NY's Briella Tomassetti joined Newsroom Live with Dan Bowens to discuss.
NEW YORK - The New York City Council staffer detained by Immigration and Customs Enforcement (ICE) agents during a routine court check-in Monday has been identified.
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DHS identifies NYC Council employee detained at court check-in
Federal immigration officials identified the City Council staffer detained at a routine court check-in as Rafael Andres Rubio Bohorquez, a Venezuelan national and Council data analyst.
Officials have identified the employee as a Venezuelan national who works as a data analyst for the Council.
What we know:
The Department of Homeland Security said Tuesday that Immigration and Customs Enforcement agents arrested Rubio Bohorquez, 53, at an immigration facility in Bethpage, Long Island, calling him a "criminal illegal alien" who has no legal authorization to remain or work in the United States.
New York City Mayor Zohran Mamdani and other officials have called for Bohorquez's immediate release.
Happening Today:
A group of City Council members, staffers and supporters is planning to hold a rally outside the ICE office in Lower Manhattan at noon.
Who is Rubio Bohorquez?
US Secretary of Homeland Security Kristi Noem speaks during a press conference to discuss ICE operations in New York City on January 8, 2026. (Photo by TIMOTHY A.CLARY / AFP via Getty Images)
According to DHS, Rubio Bohorquez entered the U.S. on a B-2 tourist visa in 2017 and was required to leave the country by Oct. 22 of that year.
They say he overstayed the visa and had no work authorization and that his criminal history includes an arrest for assault.
What they're saying:
"He had no legal right to be in the United States," DHS Assistant Secretary Tricia McLaughlin, said in a statement. "Under Secretary Noem, criminal illegal aliens are not welcome in the United States. If you come to our country illegally and break our law, we will find you and we will arrest you."
DHS responds
Statement from DHS Assistant Secretary Tricia McLaughlin:
On Jan. 12, ICE New York City arrested Rafael Andres Rubio Bohorquez, a criminal illegal alien from Venezuela and an employee of New York’s City Council. His criminal history includes an arrest for assault. He had no work authorization.
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.
Under Secretary Noem, criminal illegal aliens are not welcome in the United States. If you come to our country illegally and break our law, we will find you and we will arrest you.
Federal agents wait outside a courtroom at New York Federal Plaza Immigration Court at the Jacob K. Javitz Federal Building in New York City on August 20, 2025. US President Donald Trump has made deporting undocumented immigrants a key priority for h …
The other side:
City officials disputed that account Monday, saying Rubio Bohorquez was detained despite complying with immigration requirements. City Council Speaker Julie Menin said the staffer had a valid work visa through October and described his arrest as "egregious government overreach."
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Menin said Rubio Bohorquez had gone to what she described as a routine court appointment when he was taken into custody and later transferred to a detention center in lower Manhattan. She said the city was not given an explanation at the time for his detainment.
"Despite every indication that he was doing everything the right way, he still found himself the victim of egregious government overreach," Menin said at a Monday evening press conference.
Menin said Rubio Bohorquez has worked in city government for about a year and signed an attestation in January stating he had never been arrested. DHS later contradicted that claim.
Dig deeper:
City leaders said they learned of the arrest after Rubio Bohorquez used his one phone call following detainment to contact the City Council’s human resources department.
Mayor Zohran Mamdani called for Rubio Bohorquez’s immediate release, saying on social media that the detention amounted to "an assault on our democracy, on our city, and our values."
Representative Dan Goldman, a Democrat from New York, during a break in a closed-door deposition with former US Special Counsel Jack Smith, not pictured, before the House Judiciary Committee in Washington, DC, US, on Wednesday, Dec. 17, 2025. Smith w …
U.S. Rep. Dan Goldman said federal authorities were targeting migrants who comply with immigration requirements.
"That is the people who are going to court and going to their check-ins," Goldman said.
Federal agents wearing face coverings wait outside a courtroom at New York Federal Plaza Immigration Court in the Jacob K. Javits Federal Building in New York City on October 29, 2025. US President Donald Trump has made deporting undocumented immigra …
The arrest comes amid heightened tensions between Democratic officials and ICE over immigration enforcement tactics, including arrests at routine court appointments.
City Comptroller Mark Levine and New York Attorney General Letitia James also issued statements condemning the detainment and calling for Rubio Bohorquez’s release.
What's next:
Menin said Rubio Bohorquez has retained an immigration attorney and that city officials are working to contact his family.
The Source: This report is based on information from DHS and NYC City Council.