A Venezuelan man delivering food was shot in the back during an immigration enforcement chase in Austin, Texas, and now advocates and lawmakers are fighting to keep him in the country as a witness to the incident.
Wilber Rafael Garces Perez, a Venezuelan immigrant, was shot during an ICE pursuit in Austin. He remains hospitalized in serious but stable condition, according to his attorney. The shooting has sparked a debate over whether Garces Perez should be deported while his account of the encounter remains central to the investigation.
Garces Perez’s Account
Garces Perez was delivering DoorDash when an unmarked black truck sideswiped him, according to his attorney Kate Lincoln-Goldfinch. He did not know the vehicle was operated by ICE, she said, and made a U-turn under the highway before agents continued to pursue him.
Lincoln-Goldfinch described a chaotic sequence of events. The truck chased him and sideswiped him again, she said, and agents came out and shot him in the back of the neck. They then pulled him out of the car.
She said at 4:00 Garces Perez still had a bullet lodged in his back, and he was shot in his back without the bullet being taken out. He was also not given pain medication, she said. He was transferred to an ICE processing center where he spent the night without a bed.
Lincoln-Goldfinch condemned ICE traffic stops, saying officers are “over armed, overpaid, under trained and violent” and “don’t know how to safely conduct traffic stops.”
LULAC’s Demand for Justice
The League of United Latin American Citizens (LULAC) called Monday for Garces Perez not to be deported, arguing he is a key witness in the investigation into officers’ use of force.
LULAC CEO Juan Peruano made the statement Monday afternoon. “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,” Peruano said.
The Political Response
Rep. Lloyd Doggett echoed Lincoln-Goldfinch’s assertions. He claimed ICE has no credibility and “lies.” His comments align with the broader push to keep Garces Perez in the country as a witness.
DHS sources confirmed to Fox News on Sunday that Garces Perez is an illegal immigrant from Venezuela with a final order of removal. The agency said he was shot during a law enforcement operation.
“The illegal alien’s condition is stable, and he is in federal custody pending removal,” DHS added on X.
The Key Facts Compared
| Detail | Garces Perez’s Story | ICE’s Story |
|---|---|---|
| Nationality | Venezuelan immigrant | Illegal alien from Venezuela |
| Status | In serious but stable condition | Stable, pending removal |
| Shooting | Shot in the back, bullet still lodged | Not addressed by DHS |
| Transfer | Spent night in ICE center without a bed | In federal custody |
| Deportation | Witness should not be deported | Pending removal |
What Lincoln-Goldfinch Has Said
Lincoln-Goldfinch has been the most vocal advocate for her client. She has raised questions about the care he received after the shooting, noting that he did not receive sufficient medical care and that the bullet remained lodged in his back.
She has also criticized ICE’s broader tactics, describing officers as “over armed, overpaid, under trained and violent.” Her characterization of the encounter paints a picture of a man pursued by agents who did not identify themselves as law enforcement until after the shooting occurred.
The Legal Stakes
The question of whether Garces Perez stays in the country is not academic. As Lincoln-Goldfinch put it, “You do not deport the key witness to your own officers’ use of force.”
An independent investigation would require access to footage, statements and records that ICE currently controls.
Where the Fight Goes From Here
The debate is likely to continue as Garces Perez recovers. Advocates, including LULAC and Lincoln-Goldfinch, will push for an independent probe.
The story has drawn attention to several issues at once:
- ICE’s tactics and the treatment of immigrants caught up in enforcement operations
- The care provided to shooting victims in ICE custody
- The question of whether a witness to an officer-involved shooting should be deported
Whether that attention leads to change is unclear.
What is clear is the tension at the heart of the case. Garces Perez is both a potential witness and a person facing removal. The two roles are not easy to separate, and the people pushing for answers are asking ICE to hold off on one decision until the other is settled.
Where the paper stands
The paper backs the advocates and lawmakers fighting to keep Garces Perez in the country as a witness to the shooting and is against any office gathering more power over immigration enforcement and individual lives.
The shooting is under investigation, and the story presents claims from multiple parties that have not been independently verified. At the center of the fight is the question of whether the government can deport its own witness.
DHS has moved to remove Garces Perez, and the agency’s own report — that he is an illegal alien with a final order of removal, shot during a law enforcement operation — is the basis for that move. Lincoln-Goldfinch, LULAC and Doggett argue the opposite: that he should stay in the country until the investigation is complete.
Source material: “Austin ICE shooting sparks fight over Venezuelan illegal immigrant's deportation,” Fox News.
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