A Venezuelan New York City Council staffer has been released from ICE detention after five months in custody — but he may still face deportation.

Rafael Andres Rubio Bohorquez, 53, was taken into custody on Bethpage, Long Island, Jan. 12 with federal authorities alleging the data analyst had a criminal record and lied about it on paperwork seeking asylum and Temporary Protected Status.

In March 2023, he was arrested for third-degree assault causing physical injury in Queens after allegedly punching a roommate, but that record was later wiped clean, sources previously told The Post.

He then failed to mention the incident when he applied for an extension of his work authorization status on Jan. 17, 2025, before the Trump administration ended the 2023 Biden-era program that allowed Venezuelans, Haitians, and other migrants to work in the US for up to two years, feds alleged.

Rubio Bohorquez was reportedly released on $5,000 bond on June 19 after he was granted asylum in immigration court on May 27.

But the federal government has appealed the asylum ruling leaving Rubio Bohorquez in limbo as he has returned to work at the City Council where Speaker Julie Menin celebrated his release. 

“After 158 days in unjust ICE detention, our Council colleague Rafael Rubio was finally released,” Menin posted to X on Saturday.

“He followed the rules. He showed up for a routine appointment. And after months of legal action and advocacy, he is home where he belongs. We could not be more overjoyed or inspired by Rafael’s strength,” Menin concluded.

Rubio Bohorquez first came to the US on a tourist visa in 2017 and later was granted Temporary Protective Status that allowed him to work — joining the City Council staff in January 2025.

The Supreme Court ruled last October that the Trump administration could strip deportation protections from 300,000 Venezuelans in the US.

Neither lawyers for Rubio nor the Department of Homeland Security responded to request for comment.