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New York City Council employee is released by ICE after five months in detention

Venezuelan Rafael Rubio regained his freedom after an intense legal battle, although his immigration future remains in dispute

New York City Council employee is released by ICE after five months in detention
Time to Read 3 Min

Venezuelan Rafael Rubio, an employee of the New York City Council, was released after spending more than five months in the custody of the United States Immigration and Customs Enforcement Service (ICE), in a case that became a symbol of the debate on the immigration policies of President Donald Trump's administration and the scope of due process for immigrants.

The president of the New York City Council, Julie Menin, announced this Saturday the release of Rubio, who had been held at the Delaney Hall detention center in Newark, New Jersey, since January 12, when he was arrested during a routine appointment related to his immigration process.

According to the City Council, at the time of his arrest he had a Temporary Protected Status (TPS) in force for Venezuelan citizens, an authorization that allowed him to legally reside and work in the United States until October 2026.

"I thought that everything was over for me, that my life and my dreams were over. And what has happened since then is a miracle that I still find difficult to believe," Rubio said after regaining his freedom, thanking the support of his lawyers and the Municipal Council.

Rubio's release was the result of a prolonged judicial offensive led by the organization The Bronx Defenders, along with institutional support from the New York City Council and the New York Legal Assistance Group (NYLAG).

During his detention, the Venezuelan faced multiple setbacks. In March, an immigration judge issued a deportation order based on a technical problem related to his asylum application, a decision that was widely questioned by municipal authorities, who argued that Rubio had complied with all legal requirements and that an administrative omission should not define his stay in the country.

After changing legal representation, his new lawyers managed to reopen the case and, on May 27, an immigration judge granted him political asylum, a decision that allows him to live and work indefinitely in the United States and eventually apply for permanent residence. However, ICE did not immediately release him.

Later, on June 17, another judge authorized his release on $5,000 bail. When the order was not executed, his lawyers presented a new judicial appeal that forced the federal authorities to finally release him on June 19, after 158 days of detention.

Although Rubio has already left the detention center, his immigration situation is still not resolved.

The Department of Homeland Security (DHS) appealed on June 22 the resolution that granted him asylum, so the process will continue in federal courts and could last for months or even years. Meanwhile, Rubio will remain free while his appeal is resolved.

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