A leading Hispanic civil rights organization has called for the Venezuelan national who was shot during a U.S. Immigration and Customs Enforcement (ICE) pursuit in Austin not to be deported. The group contends he is a pivotal witness in the inquiry into officers' actions and the use of force.
The League of United Latin American Citizens (LULAC) issued its statement on Monday afternoon, following an incident where an agent shot and injured Wilber Rafael Garces Perez during a traffic stop. Garces Perez was admitted to the hospital in serious but stable condition. The shooting immediately triggered protests in Austin and prompted local officials to demand an independent investigation into the events.
"Wilber is a victim of the shooting and the most important witness to it. You do not deport the key witness to your own officers' use of force," stated Juan Peruano, CEO of LULAC.
Details of the Incident and Legal Allegations
According to Kate Lincoln-Goldfinch, legal counsel for Garces Perez and his wife, Garces Perez was performing a DoorDash delivery when an "unmarked black truck sideswiped him." She explained that he was unaware the vehicle was operated by ICE. He subsequently executed a U-turn beneath the highway, after which agents continued their pursuit.
"The truck chased him and sideswiped him again. And the agents came out and shot him in the back of the neck and pulled him out of the car," Lincoln-Goldfinch recounted.
Lincoln-Goldfinch further alleged that Garces Perez did not receive adequate medical attention, claiming the bullet remained lodged in his body hours after the shooting. "We learned that at 4:00 he still had a bullet lodged in his back. He was shot here in his back, and they didn't take the bullet out, and they didn't give him pain medication. And they transferred him to ICE, to a processing center, where he spent the night without a bed," Lincoln-Goldfinch asserted.
She vehemently criticized the agents' conduct, stating, "There is absolutely zero justification for having shot him in the back of the neck. And this is why we're calling for a stop to ICE traffic stops. ICE officers are over armed, overpaid, under trained and violent. They don't know how to safely conduct traffic stops."
Immigration Status and Contested Removal Order
Garces Perez's attorney clarified that he held a work permit and was seeking asylum, having entered the United States in 2024 through the CBP One application. This app was expanded by the Biden administration to enable migrants to request asylum at official ports of entry.
His legal team claims he received a removal order because the notice for his immigration hearing was dispatched to an outdated address, despite his having updated his address with the court.
"He changed his address with the immigration court, and a notice of hearing was sent to his old address. He didn't know he had a hearing. He didn't go. And so he got a deportation order in absentia, which is a very common thing," his attorney explained. She added, "The court is notorious for sending notices of hearings to the wrong address. So it appears that that is what happened with him. That's why he has a removal order. We are working on that."
Public Outcry and Federal Response
Following the ICE operation, hundreds of demonstrators gathered on Sunday evening, according to the Austin Police Department. Protesters reportedly threw rocks, bottles, and concrete fragments, resulting in damage to three police vehicles and minor injuries to several officers. Authorities confirmed that at least three individuals were apprehended on charges including rioting, resisting arrest, and assaulting a peace officer. Those identified were Robert Padgett, 48; Armando Menagarcia, 29; and Matthew Hemby, 44.
Lincoln-Goldfinch also condemned federal agents' accounts of such incidents, alleging a pattern of dishonesty from ICE officials. "We are fed up with ICE and DHS telling us lies about what has happened in these incidents where people are being murdered and shot," she stated.
Representative Lloyd Doggett echoed these sentiments, asserting that federal immigration officials frequently misrepresent facts. "ICE has no credibility anymore. It lies. We know it lies. We've seen it demonstrated again and again, and we need the kind of independent structure to demand some accountability," Doggett remarked.
Responding to the situation, the Department of Homeland Security (DHS) stated that Garces Perez had entered the United States without authorization under the current administration. The agency confirmed he was shot during a law enforcement operation.
"The illegal alien's condition is stable, and he is in federal custody pending removal," DHS communicated on social media.
