Wilber Rafael Garces Perez, a 28-year-old Venezuelan man, was shot by a US Immigration and Customs Enforcement (ICE) officer in Austin, Texas, on Sunday. According to his attorney, Kate Lincoln-Goldfinch, Perez was making a DoorDash delivery when his car was sideswiped twice by ICE officers in an unmarked truck. He was shot and taken to hospital, but was released later that day into ICE custody with the bullet still lodged in his back.
Perez's attorney reported that doctors did not remove the bullet because it is located near his spine. Perez claimed that ICE pressed for his quick release from hospital so they could move him to a detention centre. While in detention, Perez stated that he received no pain medication or treatment and had to sleep on the floor until a nurse gave him a pill on Monday. Lincoln-Goldfinch confirmed that Perez was taken back to hospital on Monday night.
Representative Greg Casar, a Texas Democrat, welcomed Perez's return to hospital, stating that it was a positive first step. Casar emphasized the need to ensure Perez's full recovery, his reunion with his family, and his opportunity to share his story of being shot in the back by ICE with law enforcement. Perez had been detained at the South Texas ICE processing centre in Pearsall, about 209km southwest of Austin.
The Department of Homeland Security, which oversees ICE, has released limited information about the shooting and has not disclosed what prompted it. In a statement, the department said it was investigating the shooting of a Venezuelan man in the US illegally who had a final order of removal. Perez entered the US legally in 2024 through the CBP One programme, which was set up under former President Joe Biden to consider asylum claims.
Perez's attorneys stated that he is an asylum seeker with a valid work permit. However, a judge issued a deportation order for Perez after he missed a hearing in immigration court due to a notice being sent to a former address. Lincoln-Goldfinch noted that being out of status does not justify the shooting.
The shooting occurred amid increased ICE enforcement across the US during former President Donald Trump's second term. ICE reported over 50,000 monthly arrests in July and August, a record for the agency. Immigration officers have faced scrutiny after a series of shootings during the crackdown, with at least four people fatally shot by federal officers during immigration enforcement operations this year.
Local advocates, civil rights leaders, and Democratic congressmen have called for the creation of an independent body to review ICE use-of-force incidents and refer suspected crimes to prosecutors. They also urged Congress to ban ICE officers from making traffic stops, citing concerns about inadequate training and excessive violence. Austin Mayor Kirk Watson, a Democrat, stated that local police should have a role in investigating the shooting, as it would be inappropriate for ICE to investigate itself.
Key points
- Wilber Rafael Garces Perez, a 28-year-old Venezuelan man, was shot by a US ICE officer in Texas and returned to hospital after being detained with a bullet lodged in his back.
- Perez's attorneys stated that he is an asylum seeker with a valid work permit, but a judge issued a deportation order after he missed a hearing in immigration court.
- Local advocates and leaders have called for an independent body to review ICE use-of-force incidents and ban ICE officers from making traffic stops.
