USA · updated 30m ago · 3 min read
U.S. Judge Orlando Garcia Temporarily Blocks Deportation of Wilber Garces Perez After ICE Shooting in Texas
Venezuelan DoorDash driver Wilber Garces Perez shot by ICE in Austin; bullet lodged in back. Judge Orlando Garcia temporarily blocks deportation; in-person hearing scheduled next week.
Whether the officer did not use a body camera during the shooting.
7 of 9 outlets skipped it: an officer failed to use the body camera during the incident.
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Judge Halts Deportation
A federal judge temporarily blocked the deportation of 28-year-old Venezuelan DoorDash driver Wilber Rafael Garces Perez after Immigration and Customs Enforcement agents shot him during a targeted enforcement operation in Texas.
U.S. District Judge Orlando Garcia granted the temporary reprieve and scheduled an in-person court hearing for Garces Perez to present his case before federal authorities proceed with any removal efforts.
Garces Perez’s lawyer, Kate Lincoln-Goldfinch, said the judge ordered him to appear in person on 30 September, and she wrote, "For now, we have secured a temporary block on his deportation while his case moves forward," as she argued he still needed urgent specialized medical care.
DHS officials defended the enforcement action as a targeted vehicle stop involving an undocumented individual and rejected allegations of inadequate post-arrest medical treatment, with DHS Secretary Markwayne Mullin telling the BBC, "Contrary to their claims, this person is an illegal alien who has no legal status to be here".
NBC News reported that the ICE officer who shot Garcés Perez was issued a body camera but was not wearing it during the shooting, and the officials said it was not clear why the officer was not wearing it.
Injuries, Custody, and Disputes
Garces Perez remained in custody at an immigration detention facility while suffering severe physical injuries, including a bullet lodged near his back and a fractured clavicle, according to his lawyer. Garces Perez told reporters in Spanish, "I'm not doing well because of the gunshot I received," and he said he had to sleep on the floor at the detention centre. DHS denied that Garces Perez was forced to sleep on the floor and said he was receiving pain medications and other medical treatment while at the detention centre.
Austin Police Department footage showed officers responding to the incident, and the video included a moment when a police officer used shears to cut away Garces Perez’s shirt, revealing a single gunshot wound to his upper back. NBC News said the off-duty officer’s dash cam and cellphone captured the sound of three gunshots, while Austin Police Chief Lisa Davis said the department was seeking the public’s help in obtaining any video evidence that could help them piece together the pursuit that preceded the shooting.
Protests and Next Steps
Protesters gathered at the scene in Austin carrying signs demanding that ICE leave the city, and DHS said on Tuesday that ICE "will not be slowing down nor leaving Austin".
Travis County District Attorney’s office requested that DHS halt removal proceedings against Perez while the investigation into his shooting continued, saying his ability to participate as a material witness would be "severely hindered" if he were deported.
Kate Lincoln-Goldfinch said a federal judge set a hearing for September 30 in San Antonio, ordering Garces Perez to appear in court in person, and she said that meant he would not be deported in the meantime.
Latin Times described roughly 100 teenagers from Pflugerville’s high schools walking out of class on Tuesday, Sept. 22, and gathering outside the city’s municipal court to denounce Sunday’s shooting.
CNN said the local district attorney called for an independent investigation into what happened, while DHS said Garces Perez was "the subject of a targeted vehicle stop" and had a "final order of removal" from an immigration judge.