NYC Council employee released after 158 days in ICE custody at Delaney Hall

NEWARK, New Jersey (WABC) -- A New York City Council employee who was detained by federal immigration authorities for more than five months has been released, according to City Council Speaker Julie Menin.

Rafael Rubio was released from Delaney Hall in Newark on June 19 after spending 158 days in custody. Officials say Rubio had been detained by U.S. Immigration and Customs Enforcement (ICE) since January 12, when he appeared for a routine asylum interview on Long Island.

According to the City Council, Rubio had Temporary Protected Status as a Venezuelan citizen, allowing him to live and work in the United States through October 2026. Despite that status, he remained in detention for months while his case moved through the courts.

An immigration judge granted Rubio asylum on May 27 following a series of legal setbacks, including a deportation order. His release came weeks later after continued legal efforts by attorneys and advocacy from City Council leadership and partners.

However, the case is not over. On June 22, the U.S. Department of Homeland Security appealed the judge's decision to grant asylum. The appeals process could take years, but Rubio's legal team and city officials say they will continue to support him.

"I thought that it was a done deal for me, I thought that my life and my dreams were over," Rubio said. "What happened since is a miracle that I still can't quite believe."

Rubio credited Speaker Menin and his attorneys at the Bronx Defenders for advocating on his behalf during his detention.

"I'm free because of the care and determination of Speaker Menin and my attorneys... and I want to thank the Council for their tireless advocacy," he said.

Menin called Rubio's detention unjust, saying he followed the rules and complied with the legal process.

"Rafael was simply doing his job serving the people of New York City, and yet he was wrongfully detained for more than five months," she said. "Now, after months of relentless advocacy and legal action, we are overjoyed he can finally return home."

She added that the Council will continue to stand by Rubio as he fights the appeal, calling his release "a victory for due process, dignity, and basic fairness."

After the initial outcry over the detention, Homeland Security said Rubio was "a criminal illegal alien from Venezuela" and that his criminal history includes an arrest for assault.