Mamdani Defends Illegal Immigrant NYC Council Staffer After Deportation Order: ‘Affront to Justice’

A former data analyst for the New York City council is being deported after overstaying his visa — and Mayor Zohran Mamdani is defending his right to remain in the U.S. and collect a paycheck from taxpayers.

Rafael Rubio, 53, entered the U.S. in 2017 under a B2 tourist visa that required him to leave the country after six months. He overstayed the visa and began working for the city council without legal authorization, the Department of Homeland Security said in January when Rubio was detained by ICE during a check-in at a Long Island immigration center.

Immigration Judge Charles Conroy ordered Wednesday that Rubio be deported to his native Venezuela.

“Today, an immigration judge ordered Rafael Andres Rubio Bohorquez, a criminal illegal alien from Venezuela and an employee of New York’s City Council a final order of removal,” DHS said in a statement. “His criminal history includes an arrest for assault. This ruling is a victory for the rule of law. ICE will work as quickly as possible to return this criminal to his home country.”

Prominent New York Democrats, including Mayor Zohran Mamdani, rushed to Rubio’s defense, insisting that he be allowed to remain in the country.

“This is an affront to justice,” Mamdani said in a post 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 joined Mamdani in calling the situation a “miscarriage of justice and wholly deplorable.”

“Today, Judge Conroy ordered the removal of Rafael Rubio, our City Council employee, from the United States,” Menin said. “We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is properly heard on appeal.”

Menin claimed that Conroy’s decision was based on a missing signature on Rubio’s asylum application. Rubio’s lawyers claim their client has Temporary Protected Status. DHS revoked TPS for Venezuelans in October, drawing a legal challenge that will go before the Supreme Court in April.

Federal officials said Rubio did not have work authorization and was employed illegally by the New York City Council.

“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,” former Assistant Secretary Tricia McLaughlin said in a press release in January. “This criminal illegal alien has no authority to be in the U.S. and has a previous arrest for assault. Under President Trump and Secretary Noem, the United States is no longer a safe haven for criminals.”

New York State Attorney General Letitia James also came to Rubio’s defense, calling the deportation order “outrageous” and demanding he be released.

Rubio was arrested for assault in 2023 after an altercation with a roommate at their Queens apartment but the charges were ultimately dismissed.

The judge said that Rubio and his legal team have until April 17 to apply for an appeal of the deportation order.