The end of his detention follows legal action and sustained advocacy by the Speaker as the Council reaffirms its commitment to due process and the pursuit of justice
New York City Council Speaker Julie Menin announced that Rafael Rubio, a Council employee who was detained by U.S. Immigration and Customs Enforcement (ICE) for over five months, has been released from Delaney Hall in Newark, NJ.
Mr. Rubio was detained on January 12 at a routine asylum interview on Long Island despite having legal protections to live and work in the United States. He had Temporary Protected Status as a citizen of Venezuela that was good through October 2026. Following numerous legal setbacks, including a deportation order, Mr. Rubio was granted asylum on May 27 by an immigration judge. His release on June 19, after 158 days in custody, follows sustained legal action by multiple attorneys and unrelenting advocacy by the City Council and its partners.
On June 22, the U.S. Department of Homeland Security appealed the immigration judge’s decision granting Mr. Rubio asylum. While the appeals process could take years, the Bronx Defenders and Speaker Menin have pledged to continue supporting Mr. Rubio throughout the proceedings and remain confident in the merits of his case.
“I thought that it was a done deal for me, I thought that my life and my dreams were over. And what happened since is a miracle that I still can’t quite believe,” said Rafael Rubio. “I’m free because of the care and determination of Speaker Menin and my attorneys at Bronx Defenders. And I want to thank the Council for their tireless advocacy on behalf of immigrants and for fighting for laws and funding that improve outcomes for immigrants.”
“Rafael was simply doing his job serving the people of New York City, and yet he was wrongfully detained for more than five months,” said Speaker Julie Menin. “This should never have happened. From the very beginning, Rafael followed the rules, complied with the legal process, and deserved to have his case heard fairly and on the merits. Now, after months of our relentless advocacy and legal action, we are overjoyed he can finally return home to his loved ones and community. His release is a victory for due process, dignity, and basic fairness. We will continue to stand by him every step of the way as he fights the appeal to his asylum application.”
Upon receiving news of his detention January 12, Speaker Menin contacted the New York Legal Assistance Group (NYLAG), who immediately filed a habeas petition. The filing of habeas ensured he stayed in New York State.
On March 18, Mr. Rubio, then represented by different counsel, was ordered deported by an immigration judge based on a lack of a required signature on his asylum application. His initial writ of habeas corpus, which was filed by the New York Legal Assistance Group after the Council secured the group’s representation, was denied five days later by a federal court judge. Mr. Rubio was moved from a detention facility in Brooklyn to one in Newark, New Jersey soon after.
In early April, Speaker Menin spoke with Mr. Rubio by phone and encouraged him to change legal representation to strengthen his case, which he did by retaining The Bronx Defenders. The Bronx Defenders is part of the New York Immigrant Family Unity Project (NYIFUP), the nation’s first public defender program for detained immigrants. NYIFUP was launched in 2013 with funding from the Council to ensure that any New Yorker detained by ICE has access to free, high-quality representation in their deportation proceedings.
The Bronx Defenders successfully filed to reopen Mr. Rubio’s immigration case and filed a habeas petition in New York’s Eastern District, on new grounds, shortly afterward. On May 27, an immigration court judge granted Mr. Rubio’s asylum application, allowing him to live and work in the United States indefinitely, with a path to permanent residency. ICE refused to release Mr. Rubio and communicated its intention to challenge the court’s asylum grant.
On June 11, an Eastern District court judge ordered the immigration court to give him a new bond hearing with adequate procedural protections. On June 17, an immigration court judge granted bond to Mr. Rubio and set it at $5,000. When Mr. Rubio wasn’t released the next day, Bronx Defenders filed a motion to enforce the court’s bond decision, securing a subsequent order mandating his immediate release on June 19.
Mr. Rubio walked out of the gates of Delaney Hall shortly after 5:30 p.m. that day.
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