Rafael Andres Rubio Bohorquez, the New York City Council worker who was detained by Immigration and Customs Enforcement (ICE) officers on Monday, had cleared all background checks, the New York City Council has told Newsweek.

Bohorquez was arrested during a routine immigration appointment in Bethpage, New York, on Monday afternoon, according to a press release from the council and confirmation from the Department of Homeland Security (DHS).

The Trump administration said that he was in the country illegally and had a criminal record, but New York officials have disputed this assertion.

The New York City Council told Newsweek, “Contrary to claims by DHS, the City Council employee provided documentation showing he was authorized to remain and work in the country. He fully cleared all background checks. Any suggestion to the contrary is false.”

Newsweek reached out to ICE, the New York City Mayor’s Office, the New York City Speaker’s Office, New York State Division of Criminal Justice Services and Nassau County criminal courts to comment on this story outside of normal business hours.

Why It Matters

President Donald Trump has zeroed in on immigration as a key pillar of his second administration. He has vowed to crack down on border security, carry out mass deportations and end federal benefits for people residing in the country illegally. While these efforts have been largely applauded by his supporters, critics have pushed back on his policies and the use of force seen used by some ICE officers.

Tensions reached a fever pitch on Wednesday when Renee Nicole Good, 37, a U.S. Citizen, was shot and killed by an ICE officer later identified as Jonathan Ross, during a traffic stop in Minneapolis. Homeland Security Secretary Kristi Noem quickly said that Good had “attempted to run a law enforcement officer over” before she was shot, but critics have said that video of the incident shows that is not the case and have condemned the killing, with the city’s Democratic mayor Jacob Frey calling it “reckless.”

What To Know

The Council’s statement comes after New York City Council Speaker Julie Menin said at a news conference that the employee, whom she did not name due to privacy concerns, is a data analyst and does not have a criminal record. She said he is authorized to work in the U.S. until October. New York Democratic Representative Dan Goldman said Rubio Bohorquez was of Venezuelan descent.

DHS named Rubio Bohorquez and assistant secretary Tricia McLaughlin said he was “a criminal illegal alien” whose “criminal history includes an arrest for assault.” She added that “he had no work authorization” and entered the U.S. “on a B2 tourist visa in 2017 that required him to depart the U.S. by October 22, 2017.”

“He had no legal right to be in the United States,” she claimed.

The Council told Newsweek that Rubio Bohorquez had received Temporary Protected Status (TPS) in 2023. The Trump administration has recently sought to end these protections, which were introduced to prevent deportations to high-danger countries.

The Council said that Rubio Bohorquez then received an Employment Authorization Document to work in the U.S. They added that Rubio Bohorquez was vetted and cleared when he applied for his job role.

What People Are Saying

DHS Assistant Secretary McLaughlin told Newsweek: “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. Rubio entered the United States on a B2 tourist visa in 2017 that required him to depart the U.S by October 22, 2017. He had no legal right to be in the United States. Under Secretary 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.”

Democratic New York Governor Kathy Hochul, on X: “This is exactly what happens when immigration enforcement is weaponized. Detaining people during routine court appearances doesn’t make us safer. It erodes trust, spreads fear and violates basic principles of fairness. We will continue to stand up for the rights of New Yorkers.”

Democratic New York Attorney General Letitia James on X: “The @NYCCouncil staffer being detained by ICE must be released immediately. I just spoke with @SpeakerMenin to express my support for her staff. We will not stand for attacks on our city, its public servants, and its residents.”

Democratic New York Mayor Zohran Mamdani, on X: “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. This is 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.”

What Happens Next

New York officials said they were working to secure the release of Rubio Bohorquez.

Noem has recently said that Venezuelans living in the U.S. under TPS can apply for refugee status.