Rafael Andres Rubio Bohorquez, a New York City Council staffer, has been released from U.S. Immigration and Customs Enforcement (ICE) custody after five months, though he may still face deportation. Bohorquez, 53, was taken into custody on January 12 in Bethpage, Long Island.
Federal authorities alleged that Bohorquez, a data analyst, had a criminal record and misrepresented this information on paperwork seeking asylum and Temporary Protected Status. According to sources, he was arrested in March 2023 in Queens for third-degree assault causing physical injury, but this record was later expunged. He did not disclose this incident when applying for an extension of his work authorization in January 2025.
Bohorquez was reportedly released on June 19 on a $5,000 bond after being granted asylum in immigration court on May 27. However, the federal government has appealed this asylum ruling, leaving his immigration status in limbo.
He has since returned to work at the City Council. Council Speaker Adrienne Adams celebrated his release, stating on X, "After 158 days in unjust ICE detention, our Council colleague Rafael Rubio was finally released. He followed the rules. He showed up for a routine appointment. And after months of legal action and advocacy, he is home where he belongs. We could not be more overjoyed or inspired by Rafael’s strength."
Bohorquez initially arrived in the U.S. on a tourist visa in 2017 and was later granted Temporary Protective Status, which allowed him to work. He joined the City Council staff in January 2025. A Supreme Court ruling in October is reported to have enabled the Trump administration to potentially remove deportation protections for 300,000 Venezuelans in the U.S.
Attorneys for Bohorquez and the Department of Homeland Security did not immediately respond to requests for comment.