Federal immigration officials detained a New York City Council employee during a routine immigration appointment Monday, sparking sharp backlash from city leaders and a firm response from the Department of Homeland Security, as reported by Fox News.
DHS confirmed that Immigration and Customs Enforcement agents took 53-year-old Rafael Andres Rubio Bohorquez into custody during an immigration-related appointment in Nassau County.
According to DHS, Bohorquez overstayed a tourist visa issued in 2017 and has a prior arrest in an assault case.
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The detention immediately drew condemnation from New York City Mayor Zohran Mamdani, who accused federal authorities of undermining democratic norms.
“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,” Mamdani wrote in a statement posted on X.
“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.”
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…
— Mayor Zohran Kwame Mamdani (@NYCMayor) January 12, 2026
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DHS rejected that characterization, saying the detention was lawful and justified. DHS spokeswoman Tricia McLaughlin said Bohorquez had no legal status to remain in the country.
“He had no legal right to be in the United States,” McLaughlin said. “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.”
New York City Council Speaker Julie Menin held a press conference Monday demanding Bohorquez’s release and disputing DHS’s claims.
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Menin said the employee had been cleared to remain in the United States until October 2026 and was detained despite complying with all court requirements.
“DHS confirmed that this employee had gone in for a routine court appointment and was nevertheless detained. They provided no other basis for his detainment,” Menin said.
“On the contrary, he was a city council employee who is doing everything right. He went to the court when he was asked.”
Menin said Bohorquez works as a data analyst for the City Council and has held the position for approximately one year. DHS countered that claim, stating the man is not authorized to work in the United States.
Julie Menin: “Immigration Officials detained an employee of the New York City Council… He was moved to a detention center… We immediately reached out to the ICE facility office at the Bethpage facility. Shockingly… the number is disconnected.”pic.twitter.com/RG5wVmKbtb
— Derrick Evans (@DerrickEvans4WV) January 13, 2026
The dispute escalated later Monday when New York Attorney General Letitia James publicly supported calls for Bohorquez’s release.
“We will not stand for attacks on our city, its public servants, and its residents,” James wrote 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.
— NY AG James (@NewYorkStateAG) January 13, 2026
Federal officials have not indicated whether Bohorquez’s employment status with the City Council affected the decision to detain him.
DHS officials emphasized that immigration enforcement actions are based on legal status and criminal history, not political considerations or local government employment.
Bohorquez is currently being held at an ICE facility in Manhattan while his immigration case proceeds.
The incident has intensified ongoing tensions between federal immigration authorities and New York City officials, who have repeatedly criticized ICE enforcement actions while DHS continues to stress that overstayed visas and criminal arrests trigger mandatory enforcement under federal law.
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