A Venezuelan man who was shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin, Texas, and later transferred to immigration detention with a bullet lodged near his spine has been taken back to hospital, according to his attorney.
Wilber Rafael Garces Perez, 28, was making a DoorDash delivery in Austin on Sunday when he was involved in an encounter with ICE officers. His attorney, Kate Lincoln-Goldfinch, said officers in an unmarked vehicle sideswiped his car before he was shot.
Perez was taken to hospital after the shooting but was later released into ICE custody while the bullet remained lodged in his body. He was subsequently held at the South Texas ICE Processing Center in Pearsall, about 130 miles southwest of Austin.
Speaking by phone during a news conference organised by his attorney, Perez said doctors had not removed the bullet because of its proximity to his spine. He also said he was experiencing pain and had received little medical treatment while in detention.
By Monday night, Lincoln-Goldfinch said Perez had been returned to hospital for further medical care.
Perez also gave his account of the shooting, saying ICE officers did not initially identify themselves or activate lights or sirens before the encounter escalated. He said he was attempting to park when the officers rammed his vehicle and he was shot in the back of the neck.
However, that account differs from information previously provided by Austin police. Police said the shooting happened during a brief pursuit on foot after a traffic stop. Reuters also reported that a separate account, citing people familiar with the federal investigation, said agents had identified themselves and attempted to arrest Perez before the vehicle pursuit. Perez’s attorney has disputed that version.
The Department of Homeland Security, which oversees ICE, has said it is investigating the officer-involved shooting. The department said Perez was in the United States illegally and had a final order of removal, but it has not publicly explained what led to the shooting.
Perez’s attorney said he entered the United States legally in 2024 through the CBP One appointment system while seeking asylum and had a valid work permit. She said his deportation order followed a missed immigration court hearing after the notice was sent to an old address. These details have been presented by his legal team and remain part of the dispute over his immigration status.
The incident has prompted calls for greater outside scrutiny of ICE’s use of force. Austin Mayor Kirk Watson has said local police and the Texas Rangers should have a role in the investigation, arguing that ICE should not investigate the shooting on its own.
The shooting comes amid an expanded immigration enforcement campaign in the United States, with ICE recording more than 50,000 arrests in both July and August, according to AP. The agency has faced increased scrutiny following several shootings involving federal immigration officers this year.
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For now, the circumstances surrounding the Austin shooting remain under investigation, while Perez’s return to hospital has added renewed attention to his medical condition and treatment while in federal custody.