A former New York City Council data analyst from Venezuela has been ordered deported after overstaying his tourist visa, prompting Mayor Zohran Mamdani and other city Democrats to defend his right to remain in the U.S. while federal officials celebrate the ruling as a “victory for the rule of law.”
A Venezuelan national who worked for the New York City Council without legal authorization has been ordered deported, sparking a fierce political clash between city Democrats and federal immigration authorities. Immigration Judge Charles Conroy ruled Wednesday that Rafael Rubio, 53, who entered the U.S. on a tourist visa in 2017 and never left, must return to Venezuela. Rubio had been working for the council without legal work authorization, the Department of Homeland Security said when ICE detained him in January.
“This is an affront to justice,” Mayor Zohran Mamdani posted on X. “A dedicated public servant with legal authorization to remain in the country, Rafael showed up for a routine immigration appointment and, despite following the rules, he was detained and has now been held for months.” City Council Speaker Julie Menin called the ruling a “miscarriage of justice and wholly deplorable,” vowing to pursue an appeal.
DHS struck a different tone, calling Rubio a “criminal illegal alien” with an arrest for assault—though charges were ultimately dismissed. “This ruling is a victory for the rule of law,” the department said. Rubio’s lawyers claim he has Temporary Protected Status, though DHS revoked TPS for Venezuelans in October, a decision now before the Supreme Court. Judge Conroy gave Rubio until April 17 to appeal.
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