NEW YORK (WABC) — A hearing is set on Friday for a New York City Council employee who’s been detained by ICE.
The case has drawn outrage, with City Council officials saying he is legally allowed in the country through October.
But the Department of Homeland Security claims the employee has been in the U.S. illegally for nearly a decade.
Rafael Bohorquez is a data analyst for the City Council, and he was detained at a routine immigration appointment.
He’s 53 years old and from Venezuela.
U.S. Immigration and Customs Enforcement says he had no work authorization, entered the U.S. in 2017 on a tourist visa, was arrested for assault, and had no legal right to be in the country.
City Council Speaker Julie Menin says Bohorquez was legally authorized to work in the U.S. until this October and demanded ICE release him.
Immigration lawyers filed a petition stating that Bohorquez had always been seeking asylum.
Governor Kathy Hochul posted on social media earlier this week, saying that detaining people during routine court appearances doesn’t make people safer. She said it erodes trust, spreads fear, and violates basic principles of fairness.
She spoke about ICE in New York on Thursday.
“It’s time for us to stand up. Here in the state of New York, we are taking bold action to say if ICE crosses the line and denies the constitutional rights of our residents, that there are consequences. That people should be able to hold them accountable,” Governor Hochul said.
Bohorquez is expected in court at noon on Friday.
He has been transferred to a detention center on Varick Street in Manhattan.
The habeas hearing has been scheduled before Judge John Cronan in federal court at 500 Pearl Street.
The government will not be able to move him from the state until that hearing takes place.
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