A federal judge has temporarily blocked the deportation of a Venezuelan man who was shot by an Immigration and Customs Enforcement officer in Austin, Texas, ordering him to remain in the state while authorities investigate the shooting.
U.S. District Judge Orlando L. Garcia, a Clinton appointee, ordered that Wilber Rafael Garces Perez remain in Texas and appear in person for a Sept. 30 hearing. The order effectively prevents immigration officials from deporting him before the hearing.
Garces Perez, 28, was shot Sunday during an attempted immigration enforcement stop while making DoorDash deliveries in Austin. His attorney, Kate Lincoln-Goldfinch, said an ICE vehicle sideswiped his car before an officer shot Garces Perez in the upper back, just below the neck. Austin police, however, have said the shooting followed a brief foot pursuit. The circumstances remain under investigation.
Garces Perez was hospitalized for roughly four hours before being transferred into ICE custody at the South Texas ICE Processing Center in Pearsall, Texas, where he remained Tuesday. His attorney said the bullet was still lodged in his back and that he had also been treated for a suspected fractured collarbone. Garces Perez was later taken back to a hospital after reporting numbness and paralysis on the left side of his body, according to his attorney.
DHS released a fact sheet on Tuesday disputing claims about Garces Perez’s medical treatment and saying ICE does not determine whether a bullet should be surgically removed.
Demonstrators gather in response to the shooting of Wilber Rafael Garces Perez, a Venezuelan man who was shot in his vehicle by an ICE officer the previous day in Austin, Texas, Monday, Sept. 21, 2026. (AP Photo/Joel Angel Juarez)
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Demonstrators gather in response to the shooting of Wilber Rafael Garces Perez, a Venezuelan man who was shot in his vehicle by an ICE officer the previous day in Austin, Texas, Monday, Sept. 21, 2026. (AP Photo/Joel Angel Juarez)
The circumstances of Garces Perez’s immigration status are disputed. DHS says he entered the country illegally, had an expired work permit, and was subject to a final order of removal.
His attorney said he entered legally through a Biden-era immigration program while holding a valid work permit. She argued that Garces Perez missed an immigration hearing after notice was sent to an old address.
“The immigration court sent a notice for a hearing to an old address,” Lincoln-Goldfinch said. “Happens all the time. Not a reason to get shot in the street in the United States of America.”
Homeland Security Secretary Markwayne Mullin defended the federal government’s handling of the case and accused critics and the media of spreading false information about the shooting.
“Sanctuary politicians and the mainstream media have wasted no time in spreading lies about an ICE officer-involved shooting of an illegal alien in Austin, Texas,” Mullin said. “Contrary to their claims, this person is an illegal alien who has no legal status to be here.”
Mullin said the Trump administration would continue its immigration enforcement efforts and described Garces Perez as a target of immigration enforcement because of his immigration status.
The Travis County District Attorney’s Office separately asked DHS and ICE to halt Garces Perez’s removal while its investigation continues, arguing that deporting him could hinder the investigation or any potential prosecution.
“Mr. Garces Perez’s ability to participate as a material witness in the ongoing investigation or any future prosecution of this incident will be severely hindered if he is removed from the United States,” the office wrote.
Austin Police Chief Lisa Davis said investigators should allow evidence to determine what happened.
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“People will have strong feelings about what happened,” Davis said. “People will have questions — and they should — but in determining what happened in this particular incident, we have to allow evidence, and not rumor, speculation or incomplete information, guide us.”
The shooting is being investigated by DHS’s Homeland Security Investigations unit with FBI assistance, while Austin police and the Texas Rangers are also investigating.
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[ H/T Washington Examiner ]
