NEW YORK (AP) — A New York City Council employee was arrested during the Trump administration's immigration crackdown, sending shockwaves through local government and prompting protests outside the Manhattan detention center where he was held.
U.S. Immigration and Customs Enforcement (ICE) claimed that Rafael Andres Rubio Bohorquez had overstayed a tourist visa for years and previously faced assault charges, asserting he had no right to remain in the United States.
However, City Council Speaker Julie Menin disputed this narrative, stating that Rubio Bohorquez, who serves as a data analyst, was legally authorized to work in the U.S. until October. Menin emphasized that he had signed documentation affirming his legal employment status without a prior arrest, having cleared the necessary background checks.
The New York Immigration Coalition and the New York Legal Assistance Group swiftly took action, filing a petition calling for his release and garnering support from Rep. Dan Goldman (D-N.Y.).
“We are doing everything we can to secure his immediate release,” Menin stated at a press conference, condemning the arrest as egregious government overreach.
Outrage continued to escalate as New York City Mayor Zohran Mamdani referred to the arrest as an assault on our democracy, on our city, and our values.
City officials have worked to establish contact with Rubio Bohorquez's family in efforts to coordinate with his immigration attorney following the arrest, which occurred during a scheduled immigration check at Bethpage on Long Island. Menin described the situation as a routine check that took a distressing turn.
Rubio Bohorquez, originally from Venezuela, entered the U.S. on a B2 tourist visa in 2017, with a requirement to leave by October 22 of that year. However, he has been employed by the City Council for roughly one year, earning approximately $129,315 annually based on city payroll data.
ICE confirmed Rubio Bohorquez's name while asserting that he possessed no work authorization. The agency, part of the Department of Homeland Security, stressed its commitment to addressing those who entered the country illegally and violated the law.
Contention regarding the accuracy of work authorization often stems from the E-Verify system, which many employers rely on to verify employee eligibility against federal records. While experts claim E-Verify generally matches documentation accurately, concerns persist over its ability to notify employers if an employee's work authorization is later revoked.
A 2021 Inspector General review determined that until these flaws are sufficiently addressed, the system's reliability in ensuring employment eligibility cannot be guaranteed.
