Federal Judge Halts Deportation of Immigrant Shot by ICE in Austin
A federal judge has temporarily blocked the deportation of an undocumented immigrant shot by an ICE officer in Austin, Texas, as his attorney seeks to halt his removal pending an investigation into the incident and his ongoing medical needs.
A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, an undocumented immigrant who was shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin, Texas. The order comes as Perez's attorney, Kate Lincoln-Goldfinch, filed a federal lawsuit and is seeking to ensure her client can receive necessary medical care and that his case is properly reviewed.
Perez, a 28-year-old Venezuelan citizen, was reportedly shot in the back of the neck by an ICE officer over the weekend. According to his attorney, the shooting occurred after Perez made a U-turn while delivering a DoorDash order and was pursued by an ICE vehicle. "The truck chased him and sideswiped him again. And the agents came out and shot him in the back of the neck and pulled him out of the car," Lincoln-Goldfinch stated on Facebook. Perez is still experiencing significant pain, and the bullet remains lodged in his body.
Lincoln-Goldfinch emphasized that the judge's order means Perez cannot be deported while his case proceeds. The attorney also noted that Perez had a final order of removal, but contended that he did not receive proper notification for his immigration hearing because the notice was sent to an outdated address, despite him having updated his contact information with the court.
Several officials have called for an investigation and for Perez to remain in the U.S. for treatment. Travis County District Attorney Jose Garza sent a letter to Department of Homeland Security Secretary Markwayne Mullin and ICE Director David Venturella, requesting that Garces Perez be allowed to stay in the United States while the shooting is investigated. Additionally, Rep. Greg Casar, D-Texas, along with more than 100 other members of Congress, signed a similar letter to Mullin and Venturella, demanding Perez be released from ICE detention for medical treatment.
The congressional letter also urged state authorities and law enforcement to preserve all evidence related to the shooting, stating, "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 ICE officer involved in the shooting, who was reportedly not wearing a body camera, is a new recruit to the agency but has prior law enforcement experience, including with the U.S. Border Patrol. Records indicate the officer completed the Deportation Officer Training Program in August 2025 and underwent additional training in 2026, including coursework on use-of-force scenarios and pistol qualification.
In the aftermath of the incident, some Democratic lawmakers have voiced criticism of ICE. Meanwhile, the Department of Homeland Security recently released a list of individuals apprehended in Texas for various alleged crimes, including support for a mass shooting plot and multiple murders in their home countries, as well as child sex offenses and drug trafficking. One individual on the list was reportedly arrested after offering a reward for the murder of ICE agents on TikTok.