The city employee entered the United States on a B2 tourist visa in 2017, which required him to depart the same year, according to DHS
By Peter Pinedo
Following outrage from New York Mayor Zohran Mamdani over the arrest of a city council employee, the Department of Homeland Security shared that the individual arrested is an illegal immigrant with a previous arrest for assault.
According to DHS, the employee, Rafael Andres Rubio Bohorquez, 53, is a "criminal illegal alien" from Venezuela. The agency said that despite Rubio Bohorquez being employed by the city council of America’s largest city, he has no work authorization and was illegally employed.
Further, DHS said that Rubio Bohorquez has a criminal history, including an arrest for assault in New York.
Rubio Bohorquez entered the United States on a B2 tourist visa in 2017, which required him to depart the same year, according to DHS.
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DHS Assistant Secretary Tricia McLaughlin called the fact that "a criminal illegal alien with no authorization" was employed by the New York City Council "shocking."
"This takes sanctuary city to a whole new level," said McLaughlin.
"This criminal illegal alien has no authority to be in the U.S. and has a previous arrest for assault. Under President Trump and Secretary Noem, the United States is no longer a safe haven for criminals."
Mamdani and other city leaders demanded the man's release on Monday.
"I am outraged to hear a New York City Council employee was detained in Nassau County by federal immigration officials at a routine immigration appointment," Mamdani wrote in a statement on X.
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He called the arrest "an assault on our democracy, on our city and our values. I am calling for his immediate release and will continue to monitor the situation."
New York City Council Speaker Julie Menin held a news conference demanding the employee's release Monday. She claimed the employee had been cleared to remain in the U.S. until October 2026.
DHS, however, maintains that he has no authorization to even be in the U.S.
"DHS confirmed that this employee had gone in for a routine court appointment and was nevertheless detained. They provided no other basis for his detainment," Menin said during a press briefing Monday. "On the contrary, he was a city council employee who is doing everything right. He went to the court when he was asked."
Menin said the employee works as a data analyst and has held the job for roughly one year.
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New York Attorney General Letitia James threw her weight behind calls for the employee's release later Monday.
A spokesperson for James shared a statement from James saying, "We will not stand for attacks on our city, its public servants and its residents."
Fox News Digital also reached out to Mamdani and the New York City Council for comment but did not immediately receive a response.
Fox News Digital's Anders Hagstrom contributed to this report.
