ICE says Rubio Bohorquez overstayed a tourist visa since 2017, had once been arrested for assault, and had no legal right to be in the United States. A federal habeas corpus petition filed on his behalf by the New York Legal Assistance Group says he has no criminal record — no arrests, charges, or convictions — and has been seeking asylum throughout his time in the country. A court hearing on the petition is scheduled for Friday.

A New York City Council data analyst from Venezuela was arrested by U.S. Immigration and Customs Enforcement on Monday at a scheduled asylum check-in on Long Island, triggering protests at the Manhattan federal building where he is being held and a sharply contested dispute over whether the detention was lawful.

Rafael Andres Rubio Bohorquez was taken into custody at a U.S. Citizenship and Immigration Services asylum office in Bethpage while appearing for what Council Speaker Julie Menin described as a routine appointment that “quickly went awry.” ICE confirmed the arrest. Menin declined to identify him publicly; ICE identified him by name.

A habeas corpus petition filed on his behalf by the nonprofit New York Legal Assistance Group describes Rubio Bohorquez as an asylum-seeker with no criminal record — no arrests, charges, or convictions. A federal court hearing on the petition is scheduled for Friday.

What ICE says

ICE said Rubio Bohorquez entered the United States in 2017 on a B2 tourist visa and was required to leave the country by Oct. 22, 2017. The agency said he had once been arrested for assault and “had no legal right to be in the United States.”

“He had no work authorization,” ICE said in a statement confirming the arrest. The agency, part of the Department of Homeland Security, said that under Secretary Kristi Noem “criminal illegal aliens are not welcome in the United States. If you come to our country illegally and break our law, we will find you and we will arrest you.”

What city officials say

Menin, a Democrat, disputed ICE’s account. She told reporters that Rubio Bohorquez was legally authorized to work in the United States until October, had signed a document as part of his employment confirming he had never been arrested, and had cleared the standard background check required of all applicants.

“We are doing everything we can to secure his immediate release,” Menin said Monday. She called the arrest “egregious government overreach.”

Rubio Bohorquez has worked for the Council for about a year, Menin said. His position as a data analyst pays approximately $129,315 per year, according to city payroll data.

New York City Mayor Zohran Mamdani, a Democrat, said he was “outraged” by what he called “an assault on our democracy, on our city, and our values.”

Gov. Kathy Hochul referenced the arrest Tuesday in her state of the state speech. “Is this person really one of the baddest of the bad? Is this person really a threat?” she asked. She added: “I will do whatever it takes to protect New Yorkers from criminals, but people of all political beliefs are saying the same thing about what we’ve seen lately: Enough is enough.”

Lisa Rivera, president and CEO of the New York Legal Assistance Group, said in a statement that Rubio Bohorquez “chose to work for the city and contribute his expertise to the community, did everything right by appearing at a scheduled interview, and yet ICE unlawfully detained him.” The organization said it represents dozens of people it describes as wrongfully detained by ICE and hundreds more who are following immigration procedures in hopes of remaining in the country.

Disputes over work authorization have arisen before, in part because many employers rely on E-Verify — a system that compares employee-provided information with government records but does not automatically notify an employer if an employee’s right to work is later revoked.

Venezuelan context

Venezuela has been roiled for years by violence and economic instability. Nearly 8 million people have fled the South American nation since 2014, according to the United Nations refugee agency.

The Trump administration last year ended Temporary Protected Status that had allowed hundreds of thousands of Venezuelan refugees to live and work in the United States without fear of deportation. Court papers did not make clear whether Rubio Bohorquez had been part of that program.

Several dozen people gathered Tuesday outside the Greater New York Federal Building in Manhattan, where Rubio Bohorquez is being held, carrying signs that read “Abolish ICE” and “No Human Is Illegal.”