For years, immigrants in the U.S. believed that attending their scheduled immigration appointments proved they were obeying the law. But that trust was shattered on January 13, 2026, in Long Island, New York, when federal immigration agents arrested a city worker during his visit to a U.S. Citizenship and Immigration Services (USCIS) office.
The man arrested was Rafael Andres Rubio Bohorquez, a 53-year-old data analyst for the New York City Council earning over $129,000 a year. He went to his asylum interview at the USCIS office in Bethpage as required, but Immigration and Customs Enforcement (ICE) agents took him into custody instead. This made him the first New York City Council employee arrested by ICE under the Trump administration. The arrest shocked officials and drew criticism from city leaders, who said it showed a dangerous new policy: turning routine immigration visits into places of fear and detention.
City Leaders Demand Answers
City Council Speaker Julie Menin called a press conference that same night alongside U.S. Representative Dan Goldman, describing the arrest as a serious government overreach. “This man did everything right,” Menin said, explaining that Bohorquez had official papers allowing him to work in the U.S. until October 2026.
Newly elected Mayor Zohran Mamdani, the first Muslim mayor of New York City, called the arrest “an assault on our democracy and our values.” He demanded that Bohorquez be released immediately. Governor Kathy Hochul also spoke up, asking whether this man posed any real threat and warning that such actions “must stop.”
Federal officials told a different story. Tricia McLaughlin, an assistant secretary at the Department of Homeland Security (DHS), said Bohorquez entered the U.S. on a tourist visa in 2017 and never left when it expired. She called him “a criminal illegal alien,” claiming he had an assault arrest on his record, though ICE did not provide proof.
Court filings later disputed those claims. Lawyers said Bohorquez has no criminal record and that he held Temporary Protected Status (TPS) since 2023, which allowed him to work legally. City representatives confirmed he had passed all background checks before being hired. The confusion centers on whether his TPS protection and work permit were still valid after the Supreme Court decision affecting Venezuelans.
Changing Laws and Rising Tensions
In October 2025, the U.S. Supreme Court allowed the government to end TPS for Venezuelan citizens, affecting up to 350,000 people. The ruling overturned earlier decisions by lower courts that had blocked the change as unfair. Some Venezuelans lost their legal status immediately; others still had valid work permits.
This change created chaos. Employers depend on E-Verify, a federal database that checks whether workers have permission to work. However, it does not notify them when someone’s status changes. The Trump administration later launched a “Status Change Report” that increased confusion and risk for employers. In Bohorquez’s case, the New York City Council’s system showed he was legally allowed to work until October 2026, even as federal officials said his permission had expired.
The arrest also highlights Nassau County’s close ties with ICE. In early 2025, county leaders signed a deal giving local officers extra powers to act like federal immigration agents. They could detain people without court orders and rent out county jail space for immigration detainees. Civil rights groups sued Nassau County, saying this setup encouraged abuses and fear in immigrant communities.
Fear and Legal Battles Spread
Since mid-2025, ICE has increasingly arrested immigrants at places that used to be considered safe, like immigration courts and USCIS offices. Internal agency documents showed that prosecutors were instructed to share hearing times and locations with ICE agents, allowing targeted arrests. This shift led many to call these appointments “traps.” Lawyers and judges have questioned whether such tactics violate basic fairness.
Immigrants now face an impossible choice: attend required appointments and risk being detained, or skip them and face automatic deportation orders. Many attorneys say their clients are terrified. Some immigrants who go to their green card interviews or asylum hearings are arrested on the spot, even after winning legal approval to stay.
In Bohorquez’s case, emergency action by the New York Legal Assistance Group (NYLAG) blocked his immediate transfer out of state. A federal judge scheduled a hearing for January 17, 2026, to review his detention. City officials and protesters demanded his release, calling the incident a symbol of a government that punishes people for following the rules.
New York Attorney General Letitia James and Representative Goldman accused DHS of misleading the public about Bohorquez’s legal status. Outside the Manhattan federal building, crowds gathered with signs demanding his freedom. Governor Hochul added that detaining people at court or immigration offices “creates fear and breaks trust,” not safety.
A Climate of Uncertainty
Legal experts say Bohorquez’s fate may depend on small technical details—like the exact date his work permit was issued. If it was granted before February 2025 with an expiration in October 2026, it could still be valid under the old system. But DHS may argue that the Supreme Court’s decision automatically canceled all protection for Venezuelans.
While courts untangle these questions, the bigger issue remains: whether immigrants can safely meet their legal obligations without being arrested. For now, fear dominates. Many people with legal paperwork are unsure if it protects them, or exposes them. Immigrants who once felt safe now struggle to decide whether to show up or stay silent. The message many hear is chilling: even following the rules no longer guarantees safety in America.
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