Wilber Rafael Garcés Pérez, a 28‑year‑old Venezuelan national living in the United States, was shot in the back by an ICE officer during a traffic stop in Austin on Sunday afternoon. After being taken to a hospital, he was transferred to an immigration detention centre roughly 140 miles away, where he says he has received no pain relief despite a bullet remaining lodged near his spine. The incident has sparked protests, drawn condemnation from local officials and prompted legal moves to halt his deportation pending an investigation.
The Shooting and Immediate Aftermath
According to Garcés Pérez’s own account, relayed to his lawyer Kate Lincoln‑Goldfinch by telephone, an unmarked vehicle pulled up beside his car as he was delivering a DoorDash order on the city’s north side. When he stopped and spoke to the occupant, who identified himself as an ICE officer, he asked to move his vehicle to a nearby parking lot in case he was arrested. He was told he could not, and after he drove forward the ICE vehicle struck his car before the officer opened fire, hitting him once between the shoulder blades.
Video posted online shows the officer stepping out of a black SUV and firing three shots at Garcés Pérez’s stationary blue sedan. Witnesses reported seeing the man clutch his chest as officers stood nearby. Austin police arrived shortly after and administered first aid before the victim was taken to a downtown hospital for treatment.
Detention and Medical Concerns
Although Garcés Pérez was initially treated at the hospital, ICE agents removed him later that Sunday afternoon and transported him to the South Texas ICE Processing Center in Pearsall. His lawyer said he spent the night sleeping on the floor of a cold room, still experiencing significant discomfort. In a text message on Monday, Lincoln‑Goldfinch relayed his words: “Bullet still lodged in his back. No pain meds.”
Garcés Pérez himself told the Guardian that he has not received any medical attention since the shooting and is in considerable pain. He added that he has voiced his discomfort to guards, but no further care has been provided. The Department of Homeland Security, which oversees ICE, issued an early statement saying he was in stable condition and remained in federal custody pending removal, but has not responded to requests for more detailed information.
Community Reaction and Protests
The shooting ignited a swift response from Austin residents. Within an hour of the incident, more than a hundred demonstrators gathered at the scene, chanting against ICE and waving flags from Mexico, the United States and Guatemala. Some protesters said they had been sprayed with tear gas or a similar chemical, prompting them to wash their eyes and mouths in distress.
Local leaders expressed outrage. Mayor Kirk Watson, a Democrat, declared: “A person being shot on the streets of Austin by someone purporting to be law enforcement, particularly when it’s ICE, is something that causes me to be unhappy and angry.” City council member José “Chito” Vela noted a recent shift in enforcement tactics, observing that while ICE previously relied on Texas Department of Public Safety traffic stops, it has begun acting more independently. He said constituents have described an increase in unilateral ICE activity in immigrant‑heavy neighbourhoods.
Legal Response and Next Steps
Congressman Greg Casar, who represents Austin in Congress, has written to the Department of Homeland Security demanding an immediate, independent investigation, the release of all relevant footage, and accountability for any wrongdoing by the officer involved. On Monday, lawyers for Garcés Pérez filed both a writ of habeas corpus and an injunction motion in federal court, aiming to prevent his deportation while the shooting is investigated. In their habeas petition they argued that he qualifies for a visa reserved for victims of crimes, a claim that could affect his immigration status.
Why it Matters
The case highlights the growing tension between federal immigration enforcement and local communities, especially in politically progressive cities like Austin that have sought to limit cooperation with ICE. A shooting that leaves a migrant with a bullet near his spine, detained without adequate medical care, raises serious questions about the use of force by immigration agents and the oversight of their actions. As legal challenges proceed and public protests continue, the outcome could influence how immigration policy is implemented in Texas and beyond, potentially prompting calls for stricter accountability measures and a re‑evaluation of enforcement practices in immigrant‑dense areas.
