DHS: ICE Arrests Venezuelan National Employed by New York City Council for Visa Overstay, No Work Authorization

“Work authorization” means a person has legal permission under U.S. law to work for a U.S. employer. Someone is work‑authorized if they are, for example, a U.S. citizen, lawful permanent resident (green‑card holder), or a noncitizen who has been granted employment authorization (often shown by an Employment Authorization Document or certain visas).

Employers must verify this for every new hire by:

• Having the employee complete Section 1 of Form I‑9 on or before the first day of work, and
• Reviewing the employee’s original identity and work‑authorization documents (from USCIS’s List A, or List B plus List C) and completing Section 2 of Form I‑9 within three business days of hire.

Many employers also use E‑Verify, a DHS online system that compares information from Form I‑9 to government records, to confirm that the person is authorized to work.

A B‑2 visa is a temporary “visitor for pleasure” visa used for tourism, visiting family or friends, or certain short‑term non‑work activities. It allows a foreign national to enter the U.S. for a limited stay; the actual allowed stay is set on the I‑94 record by U.S. border officials, not by the visa’s printed expiration date.

If someone stays past the I‑94 date, they:

• Fall “out of status” and begin accruing “unlawful presence,”
• Can be placed in removal (deportation) proceedings, and
• May later face re‑entry bars: generally a 3‑year bar if they accrue more than 180 days of unlawful presence before leaving, or a 10‑year bar if they accrue a year or more, under INA §212(a)(9)(B).

An overstay can also make getting future U.S. visas much harder, even if they are not immediately removed.

A “final order of removal” is the government’s last, binding decision in an immigration case that a noncitizen must be removed (deported) from the United States.

An immigration judge’s removal order becomes “final” when, for example, the person waives appeal, the time to appeal runs out, or the Board of Immigration Appeals dismisses the appeal. Once final, the order:

• Legally requires the person to depart the U.S., and
• Authorizes DHS/ICE to arrest, detain, and physically remove them if they do not leave on their own.

ICE’s authority to arrest people—whether or not they work for a local government—comes from federal immigration law, mainly section 287 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. §1357, and related regulations.

Under these provisions, designated immigration officers may, among other things:

• Interrogate and arrest without a warrant noncitizens they have reason to believe are in the U.S. unlawfully and likely to escape before a warrant can be obtained, and
• Execute warrants for the arrest and removal of people who are removable under immigration law.

This authority applies nationwide and is not limited by a person’s employer; being employed by a city agency does not itself protect someone from immigration arrest.

Operation Midway Blitz is an ICE enforcement campaign centered in Chicago and across Illinois, announced by DHS in September 2025. DHS describes it as targeting “criminal illegal aliens” who, in the agency’s view, benefited from state and local “sanctuary” policies.

Actions under Operation Midway Blitz have included:

• At‑large arrests (picking people up at homes, in the community, or after jail release),
• Targeted operations against people with prior criminal convictions or prior immigration violations (including visa overstays), and
• Ongoing interior enforcement to locate and detain people ICE deems removable.

The ICE arrest of Hanover Park police officer Radule Bojovic for allegedly overstaying a B‑2 visa is one example DHS has publicly tied to this operation.

When a U.S. employer—such as the New York City Council—learns that an employee is not authorized to work, immigration law generally requires the employer not to “knowingly continue to employ” that person.

Key steps typically include:

• Reviewing the employee’s Form I‑9 and any new documents the employee offers. If the worker presents valid, acceptable documents showing current work authorization, the employer may update or re‑verify the I‑9.
• If the employee cannot present acceptable proof of work authorization, the employer must end the employment to avoid “knowingly” employing an unauthorized worker under 8 U.S.C. §1324a.
• Maintaining required I‑9 records and applying the same process to all employees to avoid unlawful discrimination based on citizenship or national origin.

Employers often consult legal counsel because both hiring and continuing to employ unauthorized workers can trigger civil fines and, in some cases, criminal penalties.