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The Department of Homeland Security called out dozens of Democrats and members of the media for “spreading lies” about a recent ICE officer-involved shooting in Austin, while a former agency director suggested the political response may be by design.
Wilber Rafael Garces Perez, a 28-year-old Venezuelan national whom DHS says is an illegal immigrant in the U.S., was shot by an ICE agent during a chase Sunday. Perez was arrested and taken to a nearby hospital, where he was treated and listed in stable condition. The shooting has prompted protests in Austin and criticism from Democrats.
On Tuesday, more than 100 Democratic members of Congress signed a joint letter demanding Perez’s release and saying he “is not receiving the care he needs in detention” and “still has the bullet lodged in his body.”
In a separate statement, Rep. Joaquin Castro, D-Texas, said “despite losing movement on his left side and having a bullet lodged next to his spine, ICE has forced Wilber Rafael Garcés Pérez out of the hospital and back to the South Texas ICE Processing Center.” Rep. Greg Casar, D-Texas, called ICE “liars with masks” and demanded the agency leave Austin.
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Rep. Greg Casar, D-Texas, speaks during a news conference at the Law Office of Kate Lincoln-Goldfinch in Austin on Monday, Sept. 21, 2026, about the previous day’s shooting of Wilber Rafael Garces Perez by an ICE agent. (Austin American-Statesman/Hearst Newspapers / Contributor via Getty Images)
In response, DHS posted on X that “sanctuary politicians and the media wasted no time in spreading lies” and that “no amount of smears and false narratives will slow down ICE from doing its job to arrest illegal aliens from our communities.”
DHS called the claim that ICE refused to remove the bullet from Perez’s body “false.” The agency said ICE “does not and would not advise, nor be the authority on, a medical procedure for an illegal alien at a hospital.” Addressing reports that Perez was denied pain medication and made to sleep on the floor, DHS said Perez is “receiving medical care around the clock, including pain medication,” and that after being released from the hospital, he slept on a bed a few hours after arriving at ICE’s detention facility.
The agency also disputed statements from Perez’s lawyer that Perez entered the country legally and has a work permit. DHS said he “entered the country illegally under the Biden Administration” and “had no valid work permit, had no protective status, and had a final order of removal from a Department of Justice (DOJ) Immigration Judge.”
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Wilber Rafael Garces Perez, 28, an illegal immigrant from Venezuela, was shot by U.S. Immigration and Customs Enforcement officers in Austin, Texas, over the weekend. (Wilber Garces / Facebook)
DHS said ICE “will not be slowing down nor leaving Austin.”
“DHS is tasked with enforcing the laws passed by Congress. We do not pick and choose which laws to enforce or where to enforce them. We will continue to enforce our nation’s laws,” the agency said.
Former acting ICE Director Jonathan Fahey, who served toward the end of President Donald Trump’s first term, suggested some of the political pushback was by design.
“The irony of it all is, with these ICE incidents, it’s not just coincidental that the Democrats are against ICE performing their function of enforcing immigration laws… they don’t want them actually doing their jobs,” Fahey said in an interview with Fox News Digital.
“They try to build these situations up to try to get negative attention towards ICE and more political pressure on them and advance their political agenda.”
Fahey suggested the Democratic Party’s “whole goal” is an open Mexican border and mass amnesty. He argued that Democrats’ response to the Austin incident shows they do not want what he considers responsible enforcement, but no enforcement.
“They seem to have doubled down on [the “mass amnesty” agenda] after the 2024 election, which in some respects is surprising,” he said. “My opinion is their motive is …for the people here open the border because they think that will help them electorally currently and in the future — and all the other stuff is just noise to help achieve that.”
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People protest against Immigration and Customs Enforcement officers on Sept. 20, 2026, in Austin, Texas. An ICE officer shot and wounded a person earlier in North Austin. (Brandon Bell/Getty Images)
Asked about Casar’s demands that DHS Secretary Markwayne Mullin “preserve every piece of evidence,” suspend the agent in question and brief Congress, Fahey said it would be irresponsible for DHS to brief Congress before the investigation is complete.
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“That’s mostly going to be a distraction,” he said. “Congress wants to exercise oversight over this particular instance. I think the more appropriate thing would be after DHS has concluded their investigation [for] all of that [to be] done. I don’t think the secretary would have any issue preserving evidence. I think they’ll be doing that anyway.”
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“I don’t think that’s a concern. But turning stuff over for hearing this early seems premature at the at the least,” he said.