A federal judge has halted the deportation of Wilber Rafael Garces Perez, an illegal immigrant who was shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin. Kate Lincoln-Goldfinch, his attorney, has revealed that a federal lawsuit has been filed on Perez’s behalf. Perez, 28 and a Venezuelan citizen, awaits a court hearing scheduled for September 30, preventing his immediate deportation.
Perez was struck by a bullet while delivering a DoorDash order in Austin. Lincoln-Goldfinch highlighted the need for ongoing medical care due to a bullet lodged in Perez’s body, and his experience of significant pain.
According to Lincoln-Goldfinch, issues arose when a notice for Perez’s immigration hearing was mistakenly sent to an outdated address, despite his availed updates. Consequently, a removal order was issued.
Travis County District Attorney Jose Garza has communicated with Department of Homeland Security (DHS) Secretary Markwayne Mullin and ICE Director David Venturella, advocating for Perez’s continued presence in the U.S. for investigation purposes. Support from Rep. Greg Casar, D-Texas, and 100 other congressional members echoes the demand for Perez’s release from ICE to receive medical treatment.
“Mr. Garces Perez is a key witness to this shooting, and given ICE’s history of obscuring the facts in similar investigations, he must not be removed,” the congressional letter stated.
The ICE officer involved was identified as a recent recruit with a law enforcement background, including time with the U.S. Border Patrol. Sources indicate that the officer was not equipped with a body camera during the incident, although officials have mandated the acquisition of cameras by the end of the month.
Training records describe the officer as having scored 99.2% on pistol qualifications and being proficient with use-of-force scenarios. Despite completing extensive training covering various operational and legal components, concerns remain about procedural execution.
Following the incident, criticism from Democrats labeled ICE as a detrimental influence, jeopardizing public safety. Meanwhile, DHS released details of numerous illegal immigrants in Texas apprehended for crimes ranging from IS-inspired mass shootings to child sex offenses, spotlighting the complex immigration challenges within the state.
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