Federal Judge Blocks DHS From Deporting Austin Man Shot by ICE

The attorney representing Wilber Rafael Garces Perez said Tuesday that a federal judge had granted her emergency request to block the Trump administration from deporting the 28-year-old delivery driver, who was shot by an immigration agent Sunday and has since been transferred multiple times between hospitals and a detention center—all while the officer's bullet reportedly remains lodged in his back.

"We have filed a federal lawsuit, and the judge has ordered that he be present at the first hearing, which is scheduled for Wednesday, September 30," said Kate Lincoln-Goldfinch. "And that means he won't be deported in the meantime."

Lincoln-Goldfinch applauded the rare piece of "good news" that has come out of Garces Perez's case since he was shot by an Immigration and Customs Enforcement (ICE) agent while making DoorDash deliveries in his car Sunday afternoon.

As Common Dreams reported, Garces Perez was transferred from an ICE detention center in Pearsall, Texas to a hospital late Monday after reporting that he had lost feeling in the left side of his body, likely as a result of the bullet that remained close to his spine.

But Lincoln-Goldfinch and Rep. Joaquin Castro (D-Texas) said Tuesday that Garces Perez had again been taken back to the detention center.

Castro said he and Rep. Greg Casar (D-Texas) plan to visit Garces Perez at South Texas ICE Processing Center on Wednesday, to "check on his condition and demand his release."

"It is nothing more than a prison," said Castro. "Wilber came to the United States legally. He had work permits and was an asylum seeker. None of this should have ever happened."

Garces Perez arrived in the US in 2024 from Venezuela, using a government program for asylum seekers and the CBP One app that was introduced by the Biden administration to make an appointment for approval from immigration agents. He received a work permit and applied for asylum.

He mistakenly missed an immigration hearing after a notice was sent to an old address, The New York Times reported, which led to his deportation order. He has no criminal history.

Lincoln-Goldfinch had been planning to visit her client in the hospital Tuesday, where he was taken after he called in to a press conference the lawyer was holding Monday and said that he had not received medical treatment for his gunshot wound.

After speaking to Garces Perez via a video call Tuesday morning, Lincoln-Goldfinch reported on social media:

Wilber tells me that after he spoke publicly, guards at the Pearsall detention center forcibly took the tablet from his hands, revoked his communication privileges, and moved him out of the infirmary into an isolated room with a flat bed that cannot be adjusted like a medical bed.

[...]

At the hospital, Wilber says doctors finally spoke directly to him about his care and gave him IV morphine for his pain. We now understand that the gunshot fractured his clavicle and that he has significant swelling and is wearing a sling. We still do not have clarity about the cause or extent of the loss of movement he experienced.

He was discharged back to Pearsall around midnight. Today, he tells me he is receiving only Tylenol and ibuprofen for pain. He remains in isolation, on a flat bed, and without the tablet he previously used to communicate. We are asking for his communication privileges to be immediately restored and for him to be provided an appropriate medical bed and adequate medical care. Most importantly, we are continuing to advocate for Wilber’s IMMEDIATE release.

Also on Tuesday, it was revealed that the ICE agent who shot Garces Perez was not wearing a body camera at the time of the shooting—similar to the case of Johan Sebastián Durán Guerrero, who was fatally shot by an ICE agent in Maine in July.

"Before we hear anything from ICE about, 'We pulled him over, or he was fleeing, or he was aggressive,' our response to any statements like that is, 'We won't believe you until you show us,'" said Goldfinch-Lincoln. "Show us your body cam footage, show us your dash cam footage."

On Tuesday, more than 100 members of Congress signed a letter to Homeland Security Secretary Markwayne Mullin and acting ICE Director David Venturella, spearheaded by Casar, calling on ICE to release Garces Perez and "abandon efforts to swiftly deport him or remove him from Texas."

"ICE has provided no justification for this shooting, and there is no indication Mr. Garces Perez posed a threat to officers," reads the letter, noting that the Department of Homeland Security (DHS) "has a history of withholding information and attempting to obstruct active investigations into wrongdoing by its agency."

"DHS must not obstruct or otherwise interfere with this investigation," said the lawmakers, "by removing Mr. Garces Perez from the country or interfering with the release of footage, data, or other information by Texas state or local agencies involved in the operation."