Wilber Rafael Garces Perez a 28-year-old Venezuelan living in Austin, was delivering food for DoorDash on a Sunday afternoon when an ICE vehicle rammed his car. After a second impact, an ICE officer opened fire, striking Garces Perez in the back. The bullet remains lodged near his spine, fracturing his clavicle and leaving him in a sling with significant swelling and pain.
Court intervention and temporary restraining order
Attorney Kate Lincoln-Goldfinch filed a federal suit seeking a temporary restraining order to stop the man’s removal from the United States. Judge Orlando Garcia a Clinton-appointed federal judge, granted the request and scheduled a personal hearing for September 30. The order expressly bars any deportation until the hearing, giving Garces Perez a window to contest the removal.
Lincoln-Goldfinch announced on social media that the injunction is a “important step,” but emphasized that the fight is far from over. She stressed that her client still requires proper medical attention and that his rights must be defended throughout the process.
Medical care, detention conditions, and DHS response
After the shooting, EMS arrived in under five minutes and transported Garces Perez to a trauma center where he was listed as serious but stable. He was later moved to an ICE detention facility in Pearsall, Texas. The lawyer claims the detainee was handcuffed, shackled at the ankles, placed in a waist chain, and handled roughly despite his injury.
According to Lincoln-Goldfinch, prison staff revoked his communication tablet, stripped him of infirmary privileges, and placed him in an isolated room with a flat, non-adjustable bed. He is reportedly receiving only over-the-counter pain medication, while the Department of Homeland Security (DHS) asserts he has received “around-the-clock” medical care and a hospital bed after release.
DHS Secretary Markwayne Mullin dismissed claims of inadequate treatment, calling them “false narratives” spread by sanctuary cities and the media. He reiterated that Garces Perez is an “illegal alien” whose work permit expired last year and that ICE will continue its mission to remove dangerous individuals.
Political backlash and calls for investigation
State and federal officials quickly demanded an independent probe. Texas Representative Joaquín Castro and Representative Greg Casar joined by more than 100 members of Congress, sent a letter to Secretary Mullin and ICE Director David Venturella urging the release of Garces Perez so he can serve as a material witness.
Travis County District Attorney José Garza echoed the request, warning that deporting Garces Perez would “severely hinder” any criminal investigation or prosecution stemming from the shooting. He described the immigrant as a key witness whose testimony could clarify whether deadly force was justified.
The Austin Police Department, which was not involved in the incident, released dash-cam and body-camera footage that captured gunfire but not the precise moment of the shooting. Sources indicated the ICE agent who fired was not wearing a body camera, a fact also noted in earlier ICE shootings, such as the fatal July incident in Maine.
Local activists gathered outside the scene, waving flags of Mexico and Guatemala, demanding that ICE leave Austin. Despite the protests, DHS reaffirmed that ICE will not slow its operations or withdraw from the city.
