A 28-year-old Venezuelan man shot by an ICE officer in Austin, Texas says he was taken into federal custody with a bullet still lodged near his spine and later returned to hospital after developing paralysis on one side, according to his lawyer.
Wilber Rafael Garces Perez was making a DoorDash delivery when the shooting occurred on 20 September. He said an unmarked vehicle sideswiped his car before he was shot. His lawyer, Kate Lincoln-Goldfinch, said he was released from hospital into ICE custody and transferred to the South Texas ICE Processing Center in Pearsall.
The circumstances surrounding the shooting remain under investigation, with federal and local authorities examining different aspects of the encounter.
Perez Gives His Account
Perez said he was working as a DoorDash driver when an unmarked SUV sideswiped his vehicle. He said he realised ICE agents were attempting to stop him and made a U-turn under a freeway underpass because he wanted to find a safer place to pull over. According to his account, the SUV struck his vehicle again before an agent shot him. He said he was struck by a single bullet in the upper back.
'That's when he hit me twice and shot me,' Perez told reporters by phone. Austin police, however, described the incident as involving a brief foot pursuit. Officials have not publicly provided a detailed account of what happened immediately before the shooting.
The immigration status of Perez is also disputed. DHS said he had entered the US illegally during the Biden administration and had a final order of removal. His lawyers say he entered the country legally through the CBP One programme in 2024, applied for asylum, and later received a work permit.
Bullet Remained After Hospital Treatment
Perez was taken to hospital after being shot. He said doctors decided not to remove the bullet because of its proximity to his spine. He was subsequently released into ICE custody and taken to the South Texas ICE Processing Center in Pearsall.
He said he later slept on the concrete floor of a temporary processing facility and complained that he had not received the medical attention he needed. His lawyer has also alleged inadequate pain treatment. Those claims have not been independently established.
Perez was later taken back to hospital after developing loss of feeling and paralysis on one side, according to his lawyer. Current reporting does not establish whether that condition was caused by the gunshot, the lodged bullet or another medical complication.
Multiple Agencies Examine the Shooting
Homeland Security Investigations, an ICE component, is leading the federal investigation with assistance from the FBI. Austin officials have called for local involvement, while the Texas Rangers and Travis County District Attorney's Office have also sought roles in examining the incident. Austin Mayor Kirk Watson has called for greater transparency surrounding the investigation.
The Texas Department of Public Safety said troopers responded after receiving a request from ICE for assistance with a vehicle pursuit. The agency's personnel arrived after the shooting and helped with medical treatment, according to reporting.
Investigators are expected to examine the sequence of events before the shooting, including the vehicle movements, whether the federal agents identified themselves, and what prompted the use of a firearm.
Shooting Draws Protests in Austin
The shooting prompted protests in Austin, including a demonstration at the Texas Capitol where more than 100 people gathered on Monday night. Local officials have also called for greater transparency over the incident.
The case comes amid heightened scrutiny of immigration enforcement and the use of force by federal agents. It has also raised questions about how incidents involving federal immigration officers should be investigated when local authorities are not involved in the shooting itself.
No public finding has established that the ICE officer acted unlawfully, and the investigation into the encounter remains ongoing.
