Venezuelan man shot by ICE in Austin remains in custody with bullet in back

AUSTIN, Texas (AP) — A Venezuelan man shot by a U.S. Immigration and Customs Enforcement (ICE) officer was in custody Monday at an ICE detention center in Texas after being released from a hospital with a bullet still lodged in his back, according to a spokesperson for the man's attorney. Wilber Rafael Garces Perez, 28, was making a DoorDash delivery in Austin on Sunday before he was shot during a traffic stop, said Fabiana Meléndez Ruiz, a spokesperson for immigration attorney Kate Lincoln-Goldfinch. Ruiz stated that Perez called his wife around 12:30 p.m. Sunday to inform her that he had been shot, but she has not spoken with him since. Perez is being detained at the South Texas ICE Processing Center in Pearsall, approximately 130 miles (209 kilometers) southwest of Austin. Ruiz reported that Lincoln-Goldfinch spoke by phone with Perez, who indicated that he was being interrogated while a bullet remained in his back and that he had no pain medication. The Department of Homeland Security, which oversees ICE, has released limited information and has not disclosed what led to the shooting. In a statement early Monday, the department confirmed it is investigating the shooting of a Venezuelan man in the U.S. illegally who "had a final order of removal." According to Ruiz, Perez is an asylum seeker who entered the United States through a parole program and has no criminal history. "Regardless of his status, the use of force was unwarranted," Ruiz stated, adding that Perez was legally present in the country. The shooting occurred amid increased ICE enforcement across the U.S. during President Donald Trump's second term, with the agency reporting over 50,000 monthly arrests in July and August — a first for the agency. Immigration officers have faced scrutiny following a series of shootings during enforcement operations, with at least four individuals fatally shot by federal officers this year. Austin Police Chief Lisa Davis confirmed that the shooting occurred after a traffic stop and that local police were not involved. Local officials reported that Perez was shot once in the torso and was hospitalized in serious but stable condition. Perez's wife and attorney were unable to obtain information about his condition from the hospital until around 6 p.m. on Sunday, when they were informed he had been discharged 90 minutes earlier. Ruiz noted that ICE had not confirmed any information to Lincoln-Goldfinch, who utilized legal databases and other resources to determine where he was being detained. Austin Mayor Kirk Watson expressed a desire for local police to participate in the investigation of the shooting, stating that it would not be appropriate for ICE to conduct the investigation independently. At the scene of the shooting, a dark blue Toyota Corolla was parked under an overpass with damage to its passenger-side door and what appeared to be bullet holes before it was towed away Sunday evening. Approximately 100 anti-ICE protesters gathered in response to the shooting.