A 28-year-old Venezuelan man who was shot by an Immigration and Customs Enforcement officer in Austin over the weekend is back in federal custody after making a second trip to the hospital, his attorney confirmed Tuesday.
Wilber Rafael Garces Perez was transferred to a federal detention facility in Pearsall, a remote South Texas town, following his second hospital visit Monday evening. His attorney Kate Lincoln-Goldfinch said he remains in significant pain with a bullet still lodged in his back.
According to Lincoln-Goldfinch, Perez was working a DoorDash delivery route Sunday afternoon when ICE officers driving an unmarked truck sideswiped his vehicle twice before shooting him. He was treated at a hospital and then released into ICE custody, still carrying the bullet in his back.
Perez returned to the hospital Monday around 5 p.m. after losing sensation in his arm. He was taken back into federal custody around midnight. Court documents filed by his legal team allege he was forced to sleep on a concrete floor at an ICE processing center and was questioned without an attorney present.
During a Monday news conference, Perez called in by phone and told reporters he had received no pain medication and was made to sleep on the floor.
A federal judge has ordered Perez to appear in person at a hearing scheduled for September 30 in San Antonio, following a lawsuit filed by his attorneys seeking to halt his deportation. The Department of Homeland Security had previously stated that Perez was in the country illegally and had a final order of removal.
Texas Democratic Rep. Joaquin Castro announced plans to visit Perez on Wednesday to check on his condition and call for his release. Fellow Texas Democrat Rep. Greg Casar has also publicly criticized the shooting, drawing a sharp response from DHS on social media.
ICE has released minimal information about the incident and has not publicly explained what prompted the shooting. The agency defended its enforcement operations Tuesday, saying no amount of criticism would slow its efforts to remove what it described as dangerous individuals in the country illegally.
The shooting has ignited protests in Austin, including a demonstration outside the Texas State Capitol on Monday night. The incident has become a flashpoint in the broader national debate over aggressive immigration enforcement under President Donald Trump’s second administration.