The nerve of a judge to deport an illegal immigrant who held the lofty status of a staff member for the New York City Council has left New York City Mayor Zohran Mamdani in high dudgeon.
Rafael Andres Rubio Bohorquez, a data analyst for the council, will be deported to Venezuela. The Department of Homeland Security said Rubio overstayed his 2017 tourist visa, has an arrest for assault, and does not possess work authorization, CBS News noted.
Mamdani argued his version of reality should take precedence over the law.
“Today, an administrative immigration judge ordered the deportation of Rafael Rubio, a City Council employee. This is an affront to justice,” Mamdani posted on X.
“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,” Mamdani wrote.
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,…
— Mayor Zohran Kwame Mamdani (@NYCMayor) March 18, 2026
After Wednesday’s ruling, a Department of Homeland Security representative said, “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,” according to CBS
“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 DHS statement said.
New York State Attorney General Letitia James, however, disagreed. “This deportation order is outrageous … He followed the law. He should be released,” she said.
City Council Speaker Julie Menin said deportation was the wrong response to a trivial paperwork issue.
She said the judge “deemed Rafael’s asylum application, quote unquote, ‘abandoned’ based on a technical issue related to a missing signature. The judge refused to allow the issue to be corrected.”
“That is not justice. That is an extreme, cruel, inhumane outcome based on a technical procedural issue,” Menin said.
‘CRIMINAL ILLEGAL’: An immigration judge is ordering the deportation of a former New York City Council employee who federal officials say is an undocumented immigrant with a prior assault arrest and no valid worth authorization.
Local officials, including Mayor Zohran Mamdani,… pic.twitter.com/mDOK4hkjVn
— Fox News (@FoxNews) March 19, 2026
Rubio Bohorquez plans to appeal the ruling at the Board of Immigration Appeals, Menin said, according to the New York Post.
He will also file a motion to have his case reopened, Menin said.
Rubio Bohorquez has been in jail since his January arrest. He has demanded his release in a lawsuit filed in federal court, but federal judge John Cronan has not ordered his release.
The staffer had been employed by the city council for about a year, according to Fox News.
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