Rafael Rubio, the New York City Council data employee detained by ICE in January, is free for now.
“It was bad, it was bad,” Rubio said while standing next to Council Speaker Julie Menin Saturday afternoon. “But now that I’m back, and I’m out as a free man, it feels so great to be in this city, in this state.”
“Rafael was simply doing his job serving the people of New York City, and yet he was wrongfully detained for more than five months,” Menin said.
Rubio was released from the Delaney Hall detention center in Newark on June 19th, after a judge granted bond. He was detained on Jan. 12 during what Menin described as a routine asylum interview on Long Island, “despite having legal protections to live and work in the United States,” said Menin, explaining that Rubio had Temporary Protected Status as a citizen of Venezuela through October.
A judge granted Rubio asylum on May 27th, Menin said. Her office says that on June 17, an immigration court judge granted bond to Rubio and set it at $5,000. “When Mr. Rubio wasn’t released the next day, Bronx Defenders filed a motion to enforce the court’s bond decision, securing a subsequent order mandating his immediate release on June 19,” a statement read.
“You are an inspiration, honestly,” Menin, a Democrat, told Rubio during Saturday’s remarks. “And getting to know you over these past five months has been an honor.”
The Department of Homeland Security appealed the immigration judge’s decision granting Rubio asylum, according to Menin’s office. NBC New York has reached out to DHS for comment.
Shortly after his detention, DHS insisted that the Rubio did not have the proper work authorization to be in the country.
“On Jan. 12, ICE New York City arrested Rafael Andres Rubio Bohorquez, a criminal illegal alien from Venezuela and an employee of New York’s City Council. His criminal history includes an arrest for assault. He had no work authorization,” a statement from then-Asst. Secretary Tricia McLaughlin said at the time. According to news reports, the assault charges were dismissed.
“Seeing Rafael walk into City Hall last week… after being detained by ICE for over 158 days was one of those moments of unmitigated joy.” Menin said. “I really never felt anything like that in the months that I’ve been serving as speaker.”