Rafael Rubio, the New York City Council worker who was detained and released by U.S. Immigration and Customs Enforcement, has now been granted asylum.

Rubio, a data analyst, was set to be deported but was released on June 19, three weeks after being granted asylum by an immigration judge. He had been detained for five months at Delaney Hall in Newark, New Jersey.

The Department of Homeland Security has appealed the granting of his asylum. CBS News New York reached out to DHS for comment, but did not immediately get a response.

Rubio said he was taken into custody at a routine asylum interview on Long Island on Jan. 12, despite having legal protection to live and work in the U.S. He said at the time his temporary protected status as a citizen of Venezuela lasts through October.

"That was a shocker. It was a shock because, per my knowledge at that time, I was doing everything correctly," Rubio told CBS News New York on Tuesday night.

DHS had previously called Rubio "a criminal illegal alien from Venezuela" with a history that "includes an arrest for assault," adding, "He had no work authorization and his TPS had been terminated."

City Council Speaker Julie Menin repeatedly disputed claims that Rubio overstayed a visa, was arrested and had no work authorization.

"He was wrongfully in ICE detention for months on end, which is unconscionable," Menin said Tuesday. "He had done nothing wrong, and now the government has acknowledged that he is rightfully supposed to be here and he was granted this permanent asylum."

Rubio thanked his attorneys, Menin and the City Council.

"I was overwhelmed with emotions. It was a very humbling experience," Rubio said. "The fight is not over. Something is gonna get, this is going to get, better eventually."

As for other detention cases, Menin said the City Council has funded close to $82 million in legal services to make sure that the right to counsel is protected.