Judge blocks deportation of Venezuelan man shot by ICE officer in Texas

Wilber Rafael Garces Perez, who remains in detention with a bullet in his back, is scheduled for a court appearance next week

By LineZotpaper
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A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, the Venezuelan DoorDash driver shot by an Immigration and Customs Enforcement (ICE) agent in Austin, Texas, his lawyer said Tuesday. Judge Orlando Garcia ordered that Garces Perez appear in person on September 30, effectively preventing his removal before that date.

The temporary restraining order was sought by Garces Perez's attorney, Kate Lincoln-Goldfinch, who filed a federal lawsuit to prevent her client's deportation. Garces Perez, 28, is being held at a detention facility with a bullet lodged in his back. The gunshot fractured his clavicle, and he is wearing a sling while experiencing significant swelling and pain, Lincoln-Goldfinch said.

"For now, we have secured a temporary block on his deportation while his case moves forward," Lincoln-Goldfinch wrote on social media. "This is an important step, but our work is not over. Wilber still needs appropriate medical care, and we will continue fighting to protect his rights."

Lincoln-Goldfinch previously told the BBC that after Garces Perez was unable to move his arm at the detention facility, he was taken back to hospital on Monday evening, treated, and returned to detention. She said he was handcuffed, shackled at the ankles, placed in a waist chain, and handled roughly during the transfer despite his injury.

The Department of Homeland Security has said it is investigating the shooting but has not confirmed that Garces Perez was shot in the back. A spokesperson for the US Attorney's Office in Texas declined to comment on the case.

The incident follows a fatal shooting by an ICE officer in Houston earlier this year.

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Analysis

Why This Matters

  • The case raises questions about the use of force by ICE officers during immigration enforcement operations.
  • Garces Perez's medical condition, including the unresolved bullet wound, highlights concerns about healthcare standards in immigration detention.
  • The outcome could set a precedent for legal protections available to undocumented immigrants injured by federal agents.

Background

Immigration enforcement by ICE has been under scrutiny for years, with periodic reports of excessive force. In March, an ICE officer fatally shot a man in Houston, intensifying debate about the agency's tactics. The Biden administration has faced pressure from both advocates and critics over immigration policy. Federal courts have at times intervened to halt deportations in cases involving due process or human rights concerns.

Key Perspectives

Garces Perez's legal team: Argues that the shooting was unwarranted and that her client's continued detention with an untreated bullet wound violates his rights. The temporary block on deportation is seen as a critical first step toward securing medical care and a hearing on the merits. ICE/DHS: The agency is investigating, has not confirmed details of the shooting, and has not commented on the restraining order. A spokesperson for the US Attorney's Office declined to comment. Immigration enforcement critics: The case is cited as an example of militarized enforcement and the lack of accountability for agents. Some advocates argue that any use of lethal force against unarmed migrants is unjustifiable.

What to Watch

  • The September 30 in-person court hearing, where Garces Perez's health and legal status will be reviewed.
  • Whether DHS releases findings of its investigation into the shooting.
  • Potential further litigation over conditions of detention and medical care for the bullet wound.

Sources

Zotpaper

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