A U.S. Immigration and Customs Enforcement officer shot a 28-year-old Venezuelan man Sunday afternoon while the man was delivering food in Austin, Texas, authorities and the victim’s lawyer said, and federal investigators have taken over the case.
Shooting, injury and custody
The victim, identified by immigration attorney Kate Lincoln-Goldfinch as Wilber Rafael Garcés Perez, 28, was shot in the torso and taken to a local hospital, where Austin-Travis County EMS Chief Robert Luckritz said he was “in serious but stable condition.” Lincoln-Goldfinch said Monday that Garcés Perez was being held at the South Texas ICE Processing Center in Pearsall, Texas, and that a bullet remained lodged in his back.
A Department of Homeland Security spokesperson said Garcés Perez entered the country without authorization under the Biden administration and had a final order of removal. The agency said Homeland Security Investigations, with assistance from the FBI, will lead the investigation into the shooting. The White House referred requests for comment to DHS.
Accounts from the attorney and family
Lincoln-Goldfinch said Garcés Perez is an asylum seeker who entered through a parole program. She told NBC News that Garcés Perez called his wife at about noon on Sunday to report he had been shot and that the call abruptly ended while he was in pain.
“Today at 12:30, Wilber called his wife to tell her that he had been shot,”
Lincoln-Goldfinch said Garcés Perez’s wife has not been able to speak with him since the shooting. The attorney also said Garcés Perez reported that he had not been given pain medication and that he was being interrogated; DHS did not immediately respond to the attorney’s claims.
Evidence and public details
Photographs released by news organizations show a dark blue Toyota with apparent bullet holes; Representative Greg Casar (D-Texas) publicly said an ICE agent shot a person earlier the same day in Austin. DHS’s public statement confirmed the man was in federal custody pending removal.
Federal officials did not provide additional on-scene details in the initial statements, such as the circumstances that led to the shooting or whether the ICE officer was part of an enforcement operation or responding to another incident. Investigators with HSI and the FBI are expected to examine body-worn camera footage, communications and other evidence as part of the inquiry, the department said.
- Victim: Wilber Rafael Garcés Perez, 28, identified by attorney
- Location: Austin, Texas
- Date and time: Sept. 20; attorney said call reporting shooting at about 12:30 p.m.
- Custody: Being held at South Texas ICE Processing Center in Pearsall, Texas
- Investigators: Homeland Security Investigations, assisted by the FBI
| Detail | Known information |
|---|---|
| Injury | Shot in torso; bullet lodged in back; hospitalized, described as serious but stable |
| Allegations from attorney | No pain medicine given; person being interrogated; wife unable to contact him |
| DHS position | Victim entered without authorization; final order of removal; federal investigation launched |
Context and implications
The shooting raises immediate questions about the use of force by a federal immigration officer and the treatment of a person in custody following a shooting. Because the Department of Homeland Security said the matter will be investigated by HSI with FBI assistance, the case will be handled at the federal level rather than solely by local law enforcement.
Lincoln-Goldfinch’s statements that Garcés Perez is an asylum seeker who entered under a parole program and that he had a final order of removal underscores the complex legal status of many people in contact with ICE. The attorney’s claims regarding medical care and interrogation while the injured man remains in custody are likely to shape public scrutiny of the agency’s handling of the case as federal investigators proceed.
Officials have provided limited public information about the circumstances that resulted in the shooting. Investigators are expected to release more details as their work progresses.
WE NEWS will continue to track updates from DHS, Austin authorities, hospital officials and the attorney representing Garcés Perez as the federal probe moves forward.
