Hundreds of thousands of immigrants trusted routine immigration appointments. They believed showing up proved they followed the rules. That changed on a Monday in Long Island. Federal agents arrested a city worker at an asylum office.
The arrest triggered emergency court filings and condemnation from city leaders. It exposed a frightening shift: immigration appointments—once safe—now trap people. Immigrants face an impossible choice: attend and risk arrest, or skip and face deportation.
Public Servant Detained
Rafael Andres Rubio Bohorquez is 53. He worked as a data analyst for the New York City Council and earned $129,315 per year. He visited a USCIS asylum office located at 1065 Stewart Avenue in Bethpage on January 13, 2026.
ICE agents arrested him during his appointment. Bohorquez worked for the city for one year and passed all background checks. This is the first City Council employee arrested by ICE under the Trump administration.
“Egregious Overreach”
City Council Speaker Julie Menin held a press conference Monday night. U.S. Representative Dan Goldman stood beside her. Menin said the arrest was an example of government overreach.
“This man worked for New York City and did everything right,” Menin stated. “Yet he still got arrested.” She said the city gave Bohorquez papers showing he could work until October 2026. He signed forms saying he had never been arrested before.
Mayoral Fury
Mayor Zohran Mamdani took office on January 1, 2026. He is 34 years old and New York’s first Muslim mayor. Mamdani called the arrest “an assault on our democracy and our values.”
He demanded that Bohorquez be freed immediately. Governor Kathy Hochul mentioned the case in her speech. “Is this person really dangerous?” she asked. “People from all sides say the same thing: this must stop.”
Federal Counterclaim
The Department of Homeland Security defended the arrest. Assistant Secretary Tricia McLaughlin called Bohorquez “a criminal illegal alien.” She said he had an assault arrest on his record.
McLaughlin stated Bohorquez entered on a tourist visa in 2017 and should have left by October 22, 2017. “He had no work permission,” she said. “We will find people who break immigration law and arrest them.” ICE gave no proof of the assault arrest.
Document Dispute
A court petition filed on Tuesday states that Bohorquez has no criminal record. The legal document states that he was arrested at the USCIS office during his scheduled interview. City Council officials told reporters Bohorquez got Temporary Protected Status in 2023.
He had a work permit and passed all background checks. U.S. Representative Dan Goldman said Bohorquez “had work permission” and was a law-abiding individual. The real question is whether his work permit stayed valid after Trump ended Venezuelan protections.
Nassau’s ICE Alliance
Bohorquez got arrested in Nassau County. Only four New York counties signed the strongest ICE agreement. County Executive Bruce Blakeman announced the deal in February 2025. Ten police detectives got special powers to act like ICE agents.
They can inquire about immigration status and make arrests without a court order. Nassau County Jail leases 50 cells to ICE for $195 per person per day. The county housed over 2,188 immigration detainees in 2025. A civil rights group sued Nassau County in June.
Supreme Court Upheaval
The U.S. Supreme Court made a major decision on October 3, 2025. It allowed DHS to end Temporary Protected Status for Venezuelans. About 300,000 to 350,000 Venezuelans lost this protection. Lower courts had blocked this decision five times.
They said it was likely illegal and unfair. But the Supreme Court allowed it anyway. Justices Kagan, Sotomayor, and Jackson disagreed with the decision. The ruling created chaos: some Venezuelans kept their work permits, others lost them immediately.
E-Verify Trap
Employers nationwide face confusion about work permits. The Trump administration canceled work programs without warning. Most employers use E-Verify, a federal system that checks work permission. It does not tell employers when permission expires.
The DHS now provides employers with a “Status Change Report” that shows lost permissions. This creates legal problems for employers. Immigration law firm HSE Law warned clients in August about growing confusion and risk. The NYC Council hired Bohorquez despite the DHS stating that his permission had expired. This suggests the city’s system showed valid permission through October 2026.
Courthouse Ambush
ICE shifted tactics in May 2025. Agents began arresting immigrants at immigration courts and USCIS offices. These places were once considered safe. The New York Times found internal ICE memos from May 20, 2025.
They instructed prosecutors to provide ICE with exact courtroom locations and hearing times. A federal judge in San Jose heard arguments in December. She asked if ICE turned mandatory hearings into “arrest traps for people following the rules.”
Chilling Effect
ICE arrested “several dozen” people at green card interviews by late December. A San Diego immigrant got detained the same day USCIS approved his green card. His wife told reporters, “It felt like a trap.”
Immigration attorneys say the strategy pushes immigrants deeper into hiding. “People are now afraid to claim their rights,” San Diego attorney Jan Bejar said. NPR reported that immigrants skipped court hearings more in 2025. Missing court triggers automatic deportation, but immigrants fear arrest if they go.
Legal Challenge
The New York Legal Assistance Group filed an emergency court petition. It stopped Bohorquez from being moved out of New York State. A hearing before Judge John Cronan is set for Friday, January 17, 2026. NYLAG helps dozens of wrongly detained immigrants.
Lisa Rivera, the group’s leader, said that hundreds follow immigration rules in the hope of staying. Speaker Menin said the city tried to reach Bohorquez’s family and his lawyer. Protesters gathered at a Manhattan federal building on Tuesday, demanding his freedom.
Political Firestorm
New York Attorney General Letitia James called for Bohorquez’s immediate release. U.S. Representative Dan Goldman accused DHS of lying about Bohorquez’s legal status. Protesters gathered at the Manhattan federal building on Tuesday. Signs demanded Bohorquez’s freedom.
The case became a major point of contention between New York officials and the Trump administration. Governor Hochul said, “Detaining people at routine court appearances does not make us safer. It creates fear and breaks trust and unfairness.”
Precedent Uncertainty
Legal experts say Bohorquez’s case depends on technical questions about work permit dates. If Bohorquez obtained his work permit with an expiration date of October 2, 2026, by February 5, 2025, it should remain valid despite the Supreme Court’s decision.
The DHS might argue that the Supreme Court’s decision effectively wiped out all work permits for Venezuelans. Attorneys reported growing confusion in August. Clients are unsure whether work permits continue to protect them. The Ninth Circuit Court reviews the case with no set end date.
The Impossible Choice
Bohorquez’s arrest raises a frightening question: Does following rules lead to arrest? Hundreds of thousands of immigrants have mandatory appointments at USCIS and immigration courts. Attending risks ICE arrest. Skipping triggers automatic deportation orders.
Immigration attorneys report that their clients are paralyzed by fear. People are unsure whether work permits protect them or merely identify them for arrest. Nassau County’s police can question residents about their immigration status anywhere. For immigrants who did everything right, the message rings clear: safety no longer exists.
Sources:
- ABC News, NYC Council employee’s arrest sparks protests and dispute over immigration status, January 12, 2026
- City & State NY, NYC Council staffer detained by ICE / Nassau County immigration enforcement coverage, February 4, 2025 / June 26, 2025 / January 12, 2026
- Politico, NYC Council says detained employee was law-abiding / DHS disputes account, January 13, 2026
- Philadelphia Inquirer, NYC Council employee’s arrest sparks protests and dispute, January 13, 2026
- Newsweek, NYC Council staffer detained by ICE identified as Venezuelan national, January 13, 2026
- NBC News, NYC Council doing everything to release staffer detained by ICE, January 12, 2026