Man shot by ICE held with bullet in back, attorney says
Wilber Rafael Garcés Pérez, 28, told reporters by phone he was detained at the South Texas ICE Processing Center with a bullet still lodged near his spine after an Austin shooting Sunday. DHS says he has a final removal order; his lawyers dispute the stop narrative and say he later returned to a hospital.
Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan man shot by a federal immigration officer in Austin on Sunday, said by phone Monday that he was being held at the South Texas ICE Processing Center with a bullet still lodged near his spine and that he was not receiving adequate medical care.
Attorney Kate Lincoln-Goldfinch introduced her client to reporters; Pérez said in Spanish he was in pain, had to sleep on the floor, and lacked needed attention. Lincoln-Goldfinch said he was released from a hospital within about four hours because agents were in a hurry to transfer him roughly 130 miles to Pearsall. CBS reported Tuesday that a federal judge granted an emergency order temporarily stopping his deportation. Multiple law-enforcement sources told CBS the officer involved was placed on administrative leave; sources also said the officer was not wearing a body camera, even as Homeland Security Secretary Markwayne Mullin had said all ICE officers would be equipped by the end of September.
Accounts of the stop diverge sharply. Pérez said he was working as a DoorDash driver when agents sideswiped his car without identifying themselves or using lights or sirens, and that he was shot while still in the vehicle with no foot chase. Austin police said Sunday he had run from agents. The New York Times, citing people familiar with the federal investigation, reported agents checking plates found a deportation order, identified themselves, and that Pérez fled, leading to a short chase before the shooting. Lincoln-Goldfinch said that narrative “doesn’t match” what her client told her.
DHS said Pérez entered illegally and has a final removal order; it did not detail the shooting. Lincoln-Goldfinch said he entered in 2024 via the CBP One app with a work permit and asylum claim, then received an in-absentia deportation order after a notice went to an old address. Rep. Greg Casar condemned ICE’s presence and said Pérez has no criminal record. Neither ICE nor DHS answered Monday requests about detention conditions. The episode sits amid a year of high-profile immigration-related shootings and rising deaths in ICE custody since Trump returned to office.
Where outlets agree Sources agree Pérez was shot Sunday in Austin, moved from hospital to ICE custody, and still had the bullet in his back Monday.
Where they differ Pérez says agents did not identify themselves before sideswiping him; NYT sources describe a plate check, stop, and short chase—accounts his attorney says do not match.