New York City Mayor Zohran Mamdani lashed out at what he called an “affront to justice” after an immigration judge ordered the deportation of a former City Council employee who was detained earlier this year.
In January, 53-year-old Rafael Andres Rubio Bohorquez – a Venezuelan national – checked in for a “routine immigration appointment” in Nassau County and was taken into custody when the Department of Homeland Security (DHS) identified him as a “criminal illegal alien” who entered the U.S. on a 2017 tourist visa and never left.
He also has a previous arrest for assault, meaning that his detention was fully justified, and now, he’s about to be put on a plane and sent back to where he came from.
Hizzoner fumed over the judge’s hasta la vista to Rubio Bohorquez, taking to X to express his disapproval and to demand that he be released immediately.
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
“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, despite following the rules, he was detained and has now been held for months,” Mandani wrote. “He should be immediately released.”
At the time of the initial detention, the Ugandan-born socialist called it “an assault on our democracy, on our city, and our values.”
The deportation ruling was announced on Wednesday by Democrat New York City Council Speaker Julie Menin, who decried the order as a “miscarriage of justice and wholly deplorable,” vowing to appeal.
“Today, Judge Conroy ordered the removal of Rafael Rubio, our City Council employee, from the United States. We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is properly heard on appeal,” she said in a statement.
“Today’s ruling appears to hinge on a procedural issue related to his asylum application. That is extremely troubling. A technical error should not determine the fate of a man who has done everything right and poses no risk to anyone,” she continued. “Let me be clear: Rafael should not continue to be detained while this is sorted out.”
“An appeal will be filed, and we demand that Rafael’s case be properly heard by the deadline on April 17. At a minimum, he should be released pending that appeal. There is no justification for continuing to hold him under these circumstances,” Menin said.
“This illegal alien’s criminal history includes an arrest for assault in New York. He had no work authorization and was illegally employed,” DHS said in a press release on the detention. “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.”
“A criminal illegal alien with no authorization to work in the U.S. being employed by the New York City Council is shocking. This takes sanctuary city to a whole new level,” said then-Assistant Secretary Tricia McLaughlin, adding that under President Trump, “the United States is no longer a safe haven for criminals.”
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