An immigration judge ordered the deportation of a former New York City (NYC) Council employee and allegedly criminal illegal alien Wednesday.
NYC Council Speaker Julie Menin announced the judge’s decision to deport Rafael Rubio Wednesday after he had been detained for more than two months during a “routine immigration check-in, despite having legal authorization to remain in the country,” according to a statement from the City Council.
A January Department of Homeland Security (DHS) statement said the Venezuelan national had a criminal history at the time of detention, including having been arrested for alleged assault in New York. The DHS statement also alleged Rubio was illegally employed and had no work authorization.
Rubio entered the U.S. on a B-2 tourist visa in 2017 and was allegedly required to leave by Oct. 22, 2017, according to the DHS statement.
“A criminal illegal alien with no authorization to work in the U.S. being employed by the New York City Council is shocking. This takes sanctuary city to a whole new level,” said then-Assistant Secretary Tricia McLaughlin in the statement.
Today, a federal judge ordered the removal of Rafael Rubio, a Council employee, from the United States.
Read @SpeakerMenin‘s full statement: https://t.co/hOAZoIWvpA pic.twitter.com/TAClEwG5kK
— New York City Council (@NYCCouncil) March 18, 2026
But Menin claims that Rubio did have legal authorization to remain in the United States and said Judge Charles R. Conroy apparently based the ruling on a “procedural issue related to his asylum application.”
“That is extremely troubling,” Menin said. “A technical error should not determine the fate of a man who has done everything right and poses no risk to anyone.”
Menin said an appeal will be filed and that Rubio should not be detained throughout the process.
New York City (NYC) Mayor Zohran Mamdani phrased the judge’s decision as “an affront to justice.” He claimed Rubio was “a dedicated public servant with legal authorization to remain in the country.”
DHS has not responded to the Daily Caller’s request for comment as of publication.