Federal Judge Temporarily Blocks Deportation of Immigrant Shot by ICE Agent in Austin
A federal lawsuit has been filed on behalf of Wilber Rafael Garces Perez, who was shot by U.S. Immigration and Customs Enforcement officers and still requires medical treatment.
A federal judge has temporarily blocked the deportation of an illegal immigrant who was shot by U.S. Immigration and Customs Enforcement (ICE) officers in Austin, Texas, his attorney confirmed.
Wilber Rafael Garces Perez, 28, is the subject of a federal lawsuit filed by his attorney, Kate Lincoln-Goldfinch. The judge has ordered that Perez be present for a hearing on September 30, which Lincoln-Goldfinch stated means he "cannot be deported in the meantime." She added, "For now, we have secured a temporary block on his deportation while his case moves forward."
Perez, a Venezuelan citizen, was reportedly delivering a DoorDash order when the incident occurred. According to Lincoln-Goldfinch, ICE agents pursued his truck, sideswiped it, and then shot Perez in the back of the neck before removing him from the vehicle. Perez still requires medical care, and the bullet remains lodged in his body, his attorney said.
ICE stated that Perez had a final order of removal. However, Lincoln-Goldfinch explained that her client received this order after a notice for his immigration hearing was sent to his previous address, despite him having updated his address with the court.
In the wake of the shooting, Travis County District Attorney Jose Garza sent a letter to Department of Homeland Security Secretary Markwayne Mullin and ICE Director David Venturella requesting that Perez be allowed to remain in the United States pending an investigation into the incident. Additionally, Rep. Greg Casar, D-Texas, and over 100 other members of Congress signed a letter to Mullin and Venturella demanding Perez's release from ICE detention to receive medical treatment. The lawmakers also called for the preservation of all evidence related to the shooting, stating Perez is a "key witness" and should not be removed given ICE's "history of obscuring the facts in similar investigations."
Sources told Fox News that the ICE officer involved in the shooting is a new recruit but has prior law enforcement experience, including with the U.S. Border Patrol. The officer was reportedly not wearing a body camera at the time of the incident, although ICE is expected to equip all officers with cameras by the end of the month. The officer completed ICE's Deportation Officer Training Program in August 2025 and underwent additional training throughout 2026, including coursework on use-of-force scenarios and less-lethal tactics.
Several Democratic lawmakers have criticized ICE following the shooting, labeling it a "rogue" agency. The Department of Homeland Security recently released a list of individuals arrested in Texas for various crimes, including alleged ties to terrorism and multiple murders, as well as sex offenses and solicitation of murder.