Judge blocks deportation of Austin man shot by ICE as surgery demand grows

Key points

• Wilber Rafael Garces Perez needs surgery to remove a bullet lodged near his spine, according to Rep. Greg Casar, who visited him in a Pearsall detention center on Wednesday.
• Judge Orlando Garcia issued a temporary restraining order blocking Garces Perez's deportation, requiring him to appear in person in San Antonio on Sept. 30.
• Multiple outlets report that the ICE officer who fired was not wearing a body camera, despite being issued one, a claim DHS has not yet addressed.
• Garces Perez’s attorney, Kate Lincoln-Goldfinch, alleges he was sideswiped by an unmarked vehicle and shot in the back after asking to stop in a safer location.
• DHS maintains the shooting was a response to a 'dangerous attempt to evade arrest,' while critics demand the release of video footage and better medical treatment.

Background

This incident follows the July 7 fatal shooting of Lorenzo Salgado Araujo in Houston, which highlighted gaps in ICE body-camera usage. DHS previously stated it was on track to equip all field officers with cameras by the end of September. Garces Perez entered the U.S. legally in 2024 via the CBP One app and sought asylum, but received a final order of removal after missing a court hearing due to a mailing error.

How outlets are covering it

The Texas Tribune and The New York Times emphasize the lack of body-camera footage and the urgent need for surgical intervention, citing unnamed DHS officials. Fox News highlights surveillance video showing a chase with lights and sirens, noting that Austin police bodycam footage contradicts the claim that Garces Perez was pulled from his car, suggesting he exited voluntarily. BBC focuses on the legal victory of the temporary deportation block and the harsh conditions of his detention, including isolation and revoked communication privileges. All sources agree on the basic facts of the shooting and the victim's identity but differ in their framing of the officer's conduct and the availability of evidence.

Why it matters

The case underscores ongoing tensions regarding ICE enforcement tactics, the availability of body-worn cameras, and the medical treatment of detainees. It also highlights legal challenges to deportation orders based on due process and medical necessity, with a key hearing scheduled for Sept. 30.

What to watch

A federal hearing is scheduled for Sept. 30 in San Antonio, where Garces Perez must appear in person. His attorneys are seeking to block his deportation permanently and secure appropriate medical care, including surgery to remove the bullet.