Federal judge blocks deportation of man shot by ICE during Austin delivery run

A federal judge has temporarily blocked the deportation of a Venezuelan man shot by an Immigration and Customs Enforcement officer in Austin, Texas, while he was making a food delivery, ordering him to appear at a September 30 hearing instead.

Wilber Rafael Garces Perez, 28, was shot in the back on Sunday afternoon after an ICE officer in an unmarked vehicle sideswiped his car while he was delivering a DoorDash order, according to CBS News. The bullet remains lodged near his spine. The officer involved was not wearing a body camera and has been placed on administrative leave.

U.S. District Court Judge Orlando Garcia ordered that Garces Perez must appear at the September 30 hearing, which his attorney says effectively prevents his deportation before that date, ABC News reported. His attorney, Kate Lincoln-Goldfinch, filed a federal lawsuit on his behalf.

Lincoln-Goldfinch said her client was in the country legally and had applied for asylum, contradicting the Department of Homeland Security’s claim that he had a final removal order. Garces Perez was released from the hospital Monday evening after being treated for a fractured clavicle and swelling, and received morphine while hospitalized, according to ABC News.

After his return to the South Texas ICE Processing Center in Pearsall, accounts of his medical care diverge. Garces Perez told his attorney he had no access to pain medication and was held in a cold room without a bed. Lincoln-Goldfinch said he told her he was “in a lot of pain” and “not receiving the medical attention that I require.”

The Department of Homeland Security disputed that account, saying Garces Perez is “receiving medical care around the clock, including pain medication,” and that he has a bed. DHS also said the decision not to surgically remove the bullet was made by medical professionals, not by ICE.

Lincoln-Goldfinch said that after Garces Perez spoke publicly about his treatment, 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.”

The Travis County District Attorney’s office requested that removal proceedings against Garces Perez be paused, saying his testimony may be needed for a potential criminal investigation into the shooting.

DHS has not released body camera footage of the shooting, and officials confirmed the officer involved was not equipped with one at the time. The agency placed the officer on administrative leave pending an internal review, a standard step in ICE use-of-force incidents.

Travis County District Attorney José Garza sent a letter to federal officials designating Garces Perez a material witness whose testimony would likely be necessary for any criminal charges arising from the shooting, according to CBS Austin. More than 100 members of Congress, led by Rep. Greg Casar, signed a letter demanding ICE release Garces Perez for medical treatment and preserve evidence from the shooting.

“For now, we have secured a temporary block on his deportation while his case moves forward,” Lincoln-Goldfinch said. “Wilber still needs appropriate medical care, and we will continue fighting to protect his rights.”

Garces Perez remains in ICE custody at the Pearsall facility ahead of the September 30 hearing.