Habeas hearing set for Austin man shot by ICE as medical crisis deepens

Key points

• A federal judge has ordered Garces Perez to appear in San Antonio on September 30 for a habeas corpus hearing, where his attorneys will seek his release from detention.
• Garces Perez, who was shot in the back by an ICE officer on September 20, remains in the South Texas ICE Processing Center in Pearsall. He has a bullet lodged near his spine, a fractured clavicle, and limited mobility.
• Attorney Kate Lincoln-Goldfinch warns that Garces Perez faces risks of infection and permanent damage without surgery, while DHS claims he is receiving 'comprehensive' medical care and pain medication.
• Protests have occurred in Austin and outside the Pearsall detention center; organizer David Torres demanded surgery and the closure of detention centers, while DHS reiterated its commitment to enforcing immigration laws.
• Austin police released video showing a vehicle pursuit and an ICE SUV crashing into Garces Perez’s car, contradicting his account that he was trying to find a safe place to pull over.

Background

Garces Perez, who entered the U.S. in 2024, was shot during a traffic stop in North Austin. Previous coverage noted that a federal judge had temporarily blocked his deportation to allow him to serve as a witness in the investigation. The incident has sparked broader criticism of ICE tactics in Texas, with local officials demanding transparency and body camera footage, which ICE has not provided.

How outlets are covering it

TPR and The Guardian emphasize the urgent medical needs of Garces Perez, highlighting his pain and the lack of surgery. KSAT focuses on the protests and the political demands for the closure of detention centers. DHS and ICE maintain that Garces Perez is receiving adequate care and that he attempted to evade arrest, while his legal team argues he was trying to park safely. Austin police video supports the DHS narrative of a pursuit, whereas Garces Perez’s account suggests a different sequence of events.

Why it matters

The case highlights tensions between federal immigration enforcement and local medical rights, raising questions about the adequacy of care in ICE detention facilities and the transparency of federal investigations into use-of-force incidents.

What to watch

The outcome of the September 30 hearing will determine if Garces Perez is released or remains in detention. His legal team is also pursuing a visa claim based on his status as a victim of violent crime, while multiple agencies continue to investigate the shooting.