A New York City Council employee was detained during what city officials described as a routine immigration appointment on Long Island on Monday, prompting sharp criticism from city leaders who called the incident an “egregious government overreach.”
Mayor Zohran Mamdani said he was “outraged” by the arrest and called for the employee’s immediate release, describing the detention as “an assault on our democracy, on our city, and our values.”
DHS says worker is in the country illegally and cites an assault arrest
The Department of Homeland Security defended the detention late Monday, alleging the employee is in the United States illegally and has a criminal history that includes an arrest for assault. DHS did not provide additional details about the alleged assault arrest.
DHS Assistant Secretary Tricia McLaughlin identified the employee as Rafael Andres Rubio Bohorquez and alleged he entered the U.S. on a B2 tourist visa in 2017 that required him to depart by Oct. 22, 2017.
Council speaker says habeas petition filed and disputes DHS claims
City Council Speaker Julie Menin said Tuesday that an emergency habeas petition has been filed on the employee’s behalf, “preventing his removal from the State until his petition is resolved by a court.”
Menin said the employee was detained during an appointment in Bethpage in Nassau County and described him as a central staff member who has worked as a data analyst for about a year. She said he cleared a standard background check during the city’s hiring process and that he has legal authorization to remain in the country until this coming October.
Menin said the council learned of the detention Monday afternoon when the employee used his one phone call to reach the council’s human resources department and ask for help.
Elected officials condemn enforcement tactics at routine appearances
During a press briefing, Democratic Rep. Dan Goldman said the employee is of Venezuelan descent and described him as a law-abiding immigrant with work authorization. He said there was no indication that anything other than immigration status prompted the arrest and said his office contacted ICE.
New York Attorney General Letitia James and Gov. Kathy Hochul also called for the staffer’s release, with Hochul arguing that detaining people during routine court appearances undermines trust and spreads fear.
