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A federal judge has blocked the deportation of an illegal immigrant shot by a U.S. Immigration and Customs Enforcement (ICE) officer in Austin over the weekend, his attorney said.
Kate Lincoln-Goldfinch, who represents him, said her office has filed a federal lawsuit on behalf of her client, 28-year-old Wilber Rafael Garces Perez. A judge ordered that Perez be present for a Sept. 30 hearing.
“That means Wilber cannot be deported in the meantime,” Lincoln-Goldfinch wrote on Facebook. “For now, we have secured a temporary block on his deportation while his case moves forward.”
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Wilber Rafael Garces Perez, 28, an illegal immigrant from Venezuela, was shot by U.S. Immigration (ICE) and Customs Enforcement officers in Austin, Texas over the weekend. (Wilber Garces/Facebook)
She added that Perez still requires medical care and “we will continue fighting to protect his rights.” He is still in “a lot of pain” and the bullet that struck him is still lodged in his body, she said.
Perez, a Venezuelan citizen, was delivering a DoorDash order when he made a U-turn under the highway before ICE agents continued to pursue him.
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“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 said.
Perez had a final order of removal, authorities said. However, Lincoln-Goldfinch said her client received a removal order after a notice for his immigration hearing was sent to his old address, despite him having updated his address with the court.
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Travis County District Attorney Jose Garza sent a letter Tuesday to Department of Homeland Security (DHS) Secretary Markwayne Mullin and ICE Director David Venturella asking that Garces Perez be allowed to remain in the United States pending an investigation into the shooting.
Rep. Greg Casar, D-Texas, and more than 100 other members of Congress also signed a letter to Mullin and Venturella demanding that Perez be released from ICE detention so he can receive medical treatment.
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The lawmakers also asked that state authorities and law enforcement preserve all evidence from the shooting.
“Mr. Garces Perez is a key witness to this shooting, and given ICE’s history of obscuring the facts in similar investigations, he must not be removed,” the letter said.
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People protest against Immigration and Customs Enforcement officers on Sept. 20, 2026, in Austin, Texas. A federal ICE officer shot and wounded a person earlier in North Austin. (Brandon Bell/Getty Images)
The ICE officer who shot Perez is a new recruit to the agency but has years of law enforcement experience, including with the U.S. Border Patrol, sources told Fox News.
In addition, that unidentified officer wasn’t wearing a body camera at the time of the shooting, multiple federal law enforcement sources told Fox News. ICE is supposed to have every officer equipped with cameras by the end of the month.
The officer completed the agency’s 256-hour Deportation Officer Training Program in August 2025 before undergoing additional operational and legal instruction through 2026, records show.
According to training logs, the officer scored 99.2% on his pistol qualification and completed coursework on use-of-force scenarios, as well as less-lethal tactics involving Tasers, OC spray, and batons.
His curriculum also included field operations training and practical exercises covering the entire custody continuum, alongside instruction on warrantless arrests, Title 19 authority, escort and removal procedures, expedited removal and custody procedures.
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Protesters confront police officers (not pictured) after city officials said that a U.S. Immigration and Customs Enforcement (ICE) agent shot a person earlier in the day in Austin, Texas, U.S. September 20, 2026. REUTERS/Nuri Vallbona (Nuri Vallbona/Reuters)
Fox News Digital has reached out to ICE and the Department of Homeland Security.
In the wake of the shooting, multiple Democrats have criticized ICE, calling it a “rogue” agency that was “terrorizing our cities and threatening the safety of our residents.”
Meanwhile, on Tuesday, DHS released a list of some illegal immigrants in Texas who have been arrested for various crimes, including supporting an Islamic State-inspired mass shooting on election day in 2024 and two Mexican citizens wanted for multiple murders in their native country.
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The list also includes child sex offenders, drug dealers, and one Mexican man arrested after posting a TikTok video in 2025 in Spanish soliciting the murder of ICE agents and offering a $10,000 reward.