"It's a simple, very straightforward case. My client is protected. U.S. District Judge John Cronan of the Southern District of New York didn't seem to feel the same way. In a heated exchange with Asmar near the end of the hearing, Cronan raised his voice at the attorney, who argued that, because Rubio's latest TPS application was pending and he'd received government confirmation it had been received, Rubio had legal standing to remain in the country until October of this year."
"The federal government terminated TPS for Venezuelans in October 2025 (an action being challenged in court), but those who received TPS-related employment authorization documents, like Asmar said Rubio had, with Oct. 2, 2026, expiration dates on or before Feb. 5, 2025 will continue to maintain valid documentation until then, thanks to a May 2025 order from a federal judge in the Northern District of California."
Rafael Rubio, a City Council data analyst originally from Venezuela, was detained by ICE during a routine immigration appointment on January 12. He initially entered the U.S. on a tourist visa and later obtained temporary protected status (TPS) with work authorization. His attorney argued Rubio had legal standing to remain in the country based on a pending TPS application and a federal judge's May 2025 order protecting those with valid TPS employment authorization documents. However, U.S. District Judge John Cronan appeared unconvinced during Thursday's hearing, raising concerns about whether the application receipt document actually granted immigration protections. The federal government terminated Venezuelan TPS in October 2025, though legal challenges continue.
Read at www.amny.com
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