Judge Temporarily Blocks Deportation of Immigrant Shot by ICE

A federal judge has issued a temporary block on the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan who was shot by an ICE officer in Austin. This decision follows a lawsuit filed by his attorney, Kate Lincoln-Goldfinch. Perez has been ordered to attend a hearing on September 30, preventing his deportation until then.

According to Lincoln-Goldfinch, Perez still needs medical attention for injuries sustained during the incident, with a bullet lodged in his body. The confrontation occurred while Perez was delivering a DoorDash order. Despite a previous order of removal, Lincoln-Goldfinch argues the notice for his immigration hearing was wrongly sent to an outdated address.

Travis County District Attorney Jose Garza has written to DHS Secretary Markwayne Mullin and ICE Director David Venturella, urging that Perez be allowed to stay in the U.S. during investigations into the shooting. Over 100 members of Congress have also called for his release from ICE custody for medical treatment.

The ICE officer involved, new to ICE with years of prior law enforcement experience, was reportedly not equipped with a body camera during the incident. ICE aims for all officers to have body cameras by the end of the month. Training records indicate the officer completed extensive training in deportation procedures and use-of-force scenarios.

Amid the shooting controversy, Democrats have criticized ICE, labeling it as a “rogue” agency. DHS released a list of illegal immigrants in Texas with arrests for crimes ranging from terrorism to solicitation of violence against ICE agents. These cases include convicted child sex offenders and drug dealers.