Wilber Rafael Garces Perez, a 28-year-old man shot in the back by an Immigration and Customs Enforcement (ICE) officer in Austin, will not face immediate deportation following a judge’s ruling. His lawyer, Kate Lincoln-Goldfinch, revealed via Instagram that Garces Perez has not received sufficient medical care since the incident, which occurred on Sunday.
Currently, Garces Perez is being held in isolation at an ICE detention facility in Pearsall, located approximately 130 miles southwest of Austin. Lincoln-Goldfinch has initiated a federal lawsuit seeking his release from detention, with a court hearing scheduled for September 30 in San Antonio, where his presence is mandated.
The Travis County District Attorney’s Office has formally requested that ICE and the Department of Homeland Security (DHS) suspend Garces Perez’s deportation proceedings while an investigation into the shooting is ongoing.
On Monday evening, Garces Perez was briefly hospitalized after experiencing an inability to lift his left arm and was treated with a morphine drip. He was returned to the detention center around midnight, where he received ibuprofen and Tylenol for his pain. Lincoln-Goldfinch noted that the bullet from the shooting remains lodged in his neck.
Following his communication with reporters during a press conference, Garces Perez had his communication privileges revoked. He expressed in Spanish that he was “not doing well due to the gunshot wound” and criticized the inadequate medical attention he received at Dell Seton Medical Center. He recounted asking a doctor about the bullet’s removal, only to be told that there was a rush to discharge him.
An Ascension Seton spokesperson stated that hospital staff adhered to their policies regarding interactions with law enforcement, but did not elaborate on the specifics or confirm details related to Garces Perez’s treatment.
Garces Perez was shot by ICE agents while he was delivering DoorDash orders near Research Boulevard and Anderson Square. According to his lawyer, an unmarked vehicle attempted to sideswipe his car. Upon realizing they were ICE agents, he made a U-turn to pull over, but they again sideswiped him before exiting their vehicle and shooting him in the neck. The circumstances leading to his stop remain unclear, as neither the DHS nor ICE has provided an official account of the incident.
In a statement on social media, the DHS asserted that ICE operations in Austin will proceed without interruption following the shooting. “Our mission is to administer the laws passed by Congress — we do not pick and choose which laws to enforce or where we enforce them,” the post stated.
Late Sunday, the DHS announced that ICE is investigating the shooting, with the assistance of the FBI. They noted that Garces Perez had entered the U.S. unlawfully during the Biden administration and had a final order of removal. However, Lincoln-Goldfinch countered that Garces Perez entered legally under a Biden-era program and possesses a valid work permit.
This is a developing story.
