Federal Judge Blocks Deportation of Immigrant Shot by ICE

A federal judge has issued a temporary halt on the deportation of Wilber Rafael Garces Perez, an immigrant from Venezuela, who was shot by an ICE officer in Austin, Texas. The injunction will remain until a hearing scheduled for September 30, according to his attorney, Kate Lincoln-Goldfinch.

Lincoln-Goldfinch announced via Facebook that her office has filed a federal lawsuit on behalf of Perez. She noted that Perez requires ongoing medical care, as he is still suffering from injuries with a bullet lodged in his body.

Perez was delivering a DoorDash order when he was pursued by ICE agents and subsequently shot. The incident occurred after Perez executed a U-turn under the highway. Lincoln-Goldfinch described how ICE agents allegedly chased him, sideswiped his vehicle, and shot him in the back of the neck before pulling him from the car.

Perez had been issued a final order of removal, but Lincoln-Goldfinch explained that notice for his hearing was mailed to an incorrect address, despite his attempts to update it.

Travis County District Attorney Jose Garza has requested that Perez be allowed to stay in the U.S. while the shooting is investigated. In a letter to DHS Secretary Markwayne Mullin and ICE Director David Venturella, Garza pushed for an investigation and argued that Perez should remain due to his role as a key witness.

Rep. Greg Casar, D-Texas, and over 100 Congress members demanded that Perez be released from custody to obtain medical treatment. They also urged for all evidence from the shooting to be preserved, highlighting past concerns about ICE’s investigations into similar incidents.

The ICE officer involved in the shooting has a background in law enforcement, including experience with the U.S. Border Patrol. He reportedly completed a rigorous training program, which included firearms qualifications and use-of-force scenarios. At the time of the incident, the officer was not equipped with a body camera, although ICE has planned for all officers to have cameras by month-end.

The incident has led to protests and criticism from multiple Democrats, who have labelled ICE as a ‘rogue’ agency. Furthermore, DHS has published a list of illegal immigrants arrested in Texas for various crimes, including murders and child sex offenses.