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NEW YORK CITY (PIX11) — A New York City Council employee who was detained by ICE in January has been released from custody, NYC Council Speaker Julie Menin announced on Saturday.
Rafael Rubio was released from Delaney Hall in Newark, New Jersey, on June 19, five months after he was detained at a routine asylum interview on Long Island on Jan. 12, Menin said.
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The data analyst for the City Council had Temporary Protected Status as a citizen of Venezuela, which was good through October, according to Menin. A judge previously ordered Rubio to be deported in March after the Trump administration ended TPS protections for Venezuelans last year, and based on not having a required signature on his asylum application.
However, after the Bronx Defenders were able to reopen Rubio’s immigration case and filed a habeas petition on new grounds, he was granted asylum by an immigration judge on May 27.
“I thought that it was a done deal for me, I thought that my life and my dreams were over. And what happened since is a miracle that I still can’t quite believe,” said Rubio in a statement after his release.
“I’m free because of the care and determination of Speaker Menin and my attorneys at Bronx Defenders. And I want to thank the Council for their tireless advocacy on behalf of immigrants and for fighting for laws and funding that improve outcomes for immigrants.”
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(Credit: Office of City Council Speaker Julie Menin)
The U.S. Department of Homeland Security appealed the immigration judge’s asylum grant on June 22 however, Menin has vowed to continue supporting Rubio through any future proceedings.
“Rafael was simply doing his job serving the people of New York City, and yet he was wrongfully detained for more than five months,” said Menin. “Now, after months of our relentless advocacy and legal action, we are overjoyed he can finally return home to his loved ones and community. His release is a victory for due process, dignity, and basic fairness.”
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How Rafael Rubio was detained
Rubio was detained during a routine asylum interview on Jan. 12 in Bethpage and was originally held at a detention center on Varick Street in Manhattan, Menin reported earlier this year.
He was given one phone call, which he used to contact the City Council for help, according to the City Council speaker.
The New York Legal Assistance Group immediately filed a habeas petition, which allowed Rubio to remain in New York State. However, after an immigration judge denied his asylum application in March, his habeas petition was also denied five days later, forcing Rubio to be moved to Delaney Hall in Newark.
Rubio changed his legal representation to the Bronx Defenders in April after speaking with Menin, her office says. The public defender group was able to successfully file for his asylum in May.
(Credit: Office of City Council Speaker Julie Menin)
“The entire team at New York Legal Assistance Group is immensely relieved to see the City Council staffer released from detention thanks to the work of our colleagues at Bronx Defenders,” said Lisa Rivera, CEO & President of New York Legal Assistance Group. “Because of the swift actions of Speaker Menin and the Council, our team acted to file a habeas, which preserved his rights and halted his deportation. Thanks to the continued advocacy of his legal advocates, colleagues, and the City, the staffer is now where he belongs, here in New York.”
Dominique Jack is a digital content producer from Brooklyn with more than five years of experience covering news. She joined PIX11 in 2024. More of her work can be found here.
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