Federal judge rules against Rafael Rubio, New York City Council staffer detained in Bethpage

A Manhattan federal judge declined Monday to release Rafael Rubio, the immigrant staffer for the New York City Council who was detained in January by immigration agents in Bethpage, ruling that Rubio lacks valid Temporary Protected Status.

The ruling, by Judge John P. Cronan, was the second setback for Rubio, who is Venezuelan, in less than a week.

In denying Rubio's habeas corpus petition, which argued that he had been illegally detained, Cronan ruled that Rubio's lawyer had not sought over the course of the court proceedings to make a case against the Trump administration revoking Rubio's Biden-era TPS, as President Donald Trump is seeking to do for nationals of Venezuela and certain other countries. The failure "dooms" the petition, Cronan wrote, along with other reasons it was denied. It is too late to challenge the legality of the administration's revocation in this case, the judge wrote.

Rubio's lawyer argued that his client, 45, has a valid TPS, citing paperwork and a favorable California ruling. Cronan, a Trump appointee, ruled that the case doesn't apply to Rubio.

The judge ruled that Rubio does not have valid TPS. The judge said Rubio has only a receipt confirming that his application for an extension was received — not that his TPS was extended.

Temporary Protected Status is a designation issued by presidential administrations that shields those whose homelands are deemed too dangerous for a return from deportation. The Trump administration is seeking to deport hundreds of thousands of recipients of Temporary Protected Status from countries including Venezuela, Myanmar, Somalia and Honduras.

Last Wednesday, an immigration judge ordered Rubio deported. The City Council says that judge cited a missing signature on an asylum form and refused to let it be corrected.

Rubio and his legal team are challenging his deportation in the two venues under different legal arguments: federal court under the writ of habeas corpus before an independent judge; and immigration court, where the judges are employees of the executive branch and are not fully independent.

Rubio was detained Jan. 12 when he came to a nondescript Bethpage office for what he thought was an asylum interview. Rubio had worked for the Council since last year as a data analyst.

His lawyer, Roger Asmar, did not return a message seeking comment.

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.