On Monday, January 12th, a city council employee was arrested by the U.S. Immigration and Customs Enforcement (ICE) when he reported to the immigration court, citing “expired visa” and “prior arrest for assault.” The city council issued a statement saying they have submitted an “emergency restraining order application”; Mayor Mamdani called ICE’s actions as “an attack on democracy.”
According to information from the city council and Fox News, a 53-year-old immigrant named Rafael Bohorquez overstayed his 2017 tourist visa and was previously arrested for an assault case.
City Council Speaker Manning held a press conference on Monday demanding the release of this employee. She claimed that the employee had been granted permission to stay in the U.S. until October 2026.
“Department of Homeland Security confirmed that this employee was just attending a routine court appointment but was still detained. They did not provide any other reasons for detention,” Manning said. “On the contrary, he is a city council employee, following all the protocols. He went to court as required.”
Manning stated that the employee worked as a data analyst for about a year in that position. However, the Department of Homeland Security insisted that the man did not have legal authorization to work in the U.S.
On Tuesday, the city council stated in a document that they had submitted an emergency restraining order together with immigrant organizations and lawyers.
“This morning, we confirmed that the employee is currently detained in New York state. This confirms that the restraining order application has been officially submitted, preventing his deportation before the case is heard in court,” the council’s statement on the 13th said. “As part of the application process for city council employment, the employee passed all standard background checks that all applicants must undergo. The council is currently unable to reach the employee but is working to contact his immigration lawyer. We will continue to provide updates at the appropriate time.”
Upon hearing this news, Mayor Mamdani also issued a statement condemning the incident.
“Learning that a New York City council employee was detained by federal immigration officials during a routine immigration interview in Nassau County, I am extremely angry,” Mamdani wrote in a statement. “This is an attack on our democracy, our city, and our values. I urge for his immediate release and will continue to monitor the situation.”
A spokesperson from the Department of Homeland Security refuted these allegations, stating that there were valid reasons to detain Bohorquez.
“He has no legal right to stay in the U.S.,” DHS spokesperson Tricia McLaughlin told Fox News. “Under Secretary Nohm’s leadership, the U.S. does not welcome criminal illegal immigrants. If you enter illegally and violate our laws, we will find you, we will arrest you.”
New York State Attorney General Janine voiced her support for releasing this employee on X platform on Monday night, stating, “We will not tolerate attacks on our city, public servants, and residents.”
This employee is currently being held at an ICE facility in Manhattan.