Judge blocks deportation of Venezuelan man shot by ICE in Austin
Developing story first seen 4 hours ago
A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan man shot by ICE officers in Austin, while his legal case proceeds. The judge ordered Perez to attend a hearing on 30 September, after his attorney filed a federal lawsuit; the decision means he cannot be deported before then.
Perez was reportedly delivering a DoorDash order when ICE agents pursued his vehicle, after which he was shot in the back of the neck. His attorney says he remains in significant pain with the bullet still lodged in his body, and argues that his removal order followed notice being sent to an outdated address. The officer who fired the shot was reportedly a new ICE recruit with previous law-enforcement experience and was not wearing a body camera; the Travis County district attorney and more than 100 members of Congress have called for Perez to receive medical care and remain available as a witness.
- Deportation temporarily blocked pending a 30 September hearing.
- Perez remains injured, with a bullet reportedly still lodged in his body.
- Questions remain over the shooting and the officer’s lack of a body camera.
Full account
A federal court has issued a temporary injunction preventing the deportation of a Venezuelan national shot by immigration enforcement agents in Austin at the weekend. The 28-year-old, Wilber Rafael Garces Perez, was struck by gunfire during an encounter with officers from U.S. Immigration and Customs Enforcement (ICE). His attorney, Kate Lincoln-Goldfinch, secured the court order after filing a federal lawsuit seeking a temporary restraining order. A scheduled hearing on 30 September will determine the next steps; the injunction remains valid until that date, effectively halting any removal proceedings. Lincoln-Goldfinch announced the development via social media, describing it as a significant but preliminary victory in protecting her client's legal position.
Garces Perez sustained a fractured clavicle in the shooting and continues to experience considerable pain and limitation of movement. The projectile remains embedded in his body, according to his legal representative. His medical care has been interrupted: after losing arm mobility whilst in immigration detention, he was transferred to hospital on the Monday following the incident, treated, and then returned to custody. His treatment during that transfer included handcuffing, ankle shackles, and a waist chain, applied despite his injury. Once back in the detention facility, his access to communications was restricted and he was relocated from the infirmary to an isolated cell with an unadjustable bed.
Political pressure has mounted for Garces Perez's release pending investigation. The Travis County District Attorney submitted a formal letter to the Department of Homeland Security and ICE leadership requesting his temporary release to allow him medical treatment. Over 100 members of Congress, including Texas Democrat Greg Casar, added their signatures to a separate demand for his release, citing his status as a key witness and concerns about the preservation of evidence from the shooting. Democratic state lawmakers including Joaquin Castro have also called for his release. The federal authorities, however, have not confirmed the specific location of the gunshot wound, with the DHS noting only that it is investigating the incident.
Garces Perez was delivering a food order for a commercial delivery service when the incident occurred. He did not recognise an unmarked vehicle as belonging to ICE and made a U-turn; the vehicle pursued and struck his car a second time before officers emerged and fired. His attorney contests the circumstances surrounding his existing removal order, asserting that his immigration hearing notice was sent to an outdated address despite his having updated his residential information with the court. The shooting echoes a separate incident months earlier in which an ICE officer fatally shot an individual in Houston, adding to scrutiny over agency practices.
Where outlets differ
Source 1 emphasises the officer's background (new recruit with Border Patrol experience) and notes the absence of body camera; Source 2 does not mention either detail.
Source 1 specifies the shot hit the 'back of the neck'; Source 2 describes injury to the clavicle and does not precisely specify entry point.
Source 2 provides the judge's name and background (Judge Orlando Garcia, Clinton appointee); Source 1 does not identify the judge.
Source 2 extensively details detention conditions and rough handling during transfer; Source 1 does not address treatment in custody.
Source 1 highlights the removal order process and address notification failure; Source 2 does not mention this procedural issue.
Source 2 references a prior fatal shooting in Houston by an ICE officer; Source 1 does not include this context.
Source 2 notes the DHS has not confirmed the location of the gunshot wound; Source 1 does not mention this qualified stance.
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Originally published by Fox News as “Federal judge temporarily blocks deportation of illegal immigrant shot by ICE agent in Austin, attorney says”.