Judge halts deportation of DoorDash driver shot by ICE in Austin

3 min read
Source: BBC
Judge halts deportation of DoorDash driver shot by ICE in Austin
Photo: BBC
TL;DR

A US judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan man shot by an Immigration and Customs Enforcement (ICE) officer in Austin, Texas. Garces Perez, who was delivering food for DoorDash when shot, remains in federal custody with a bullet lodged in his back and a fractured clavicle. His attorney secured a temporary restraining order, forcing him to appear in person at a hearing on September 30, which prevents his removal until then. While DHS claims he had a final removal order, his lawyer argues he entered legally via a parole program. The incident has sparked nationwide protests and calls for an independent investigation, as local officials dispute the federal government's account of the shooting.

Key points

  • Judge Orlando Garcia ordered Garces Perez to appear in person on September 30, effectively blocking his deportation until that date.
  • The shooting occurred on Sunday afternoon in North Austin; Garces Perez was shot in the back while driving a DoorDash delivery vehicle.
  • Garces Perez is held at the South Texas ICE Processing Center in Pearsall, where he reportedly faces potential paralysis and was moved to an isolated room.
  • DHS states Garces Perez had a final removal order, while his attorney claims he entered via the CBP One parole program and had a work permit.
  • The ICE officer involved is on administrative leave; DHS says Homeland Security Investigations and the FBI are leading the inquiry.

Background

This incident follows a pattern of ICE-related violence in Texas, including the fatal shooting of a Mexican immigrant in Houston in July 2026. It also occurs amid broader scrutiny of detention conditions, such as the 'Alligator Alcatraz' facility in Florida, and recent legal battles over DHS's authority to threaten prosecution for critics of ICE.

How outlets are covering it

Outlets highlight conflicting narratives regarding the incident. CNN and BBC report that DHS claims Garces Perez had a final removal order and was the subject of a targeted stop, while his attorney, Kate Lincoln-Goldfinch, asserts he entered legally and was shot after an SUV rammed his car. CNN notes that the officer did not wear a body camera and was a recent hire. MS NOW frames the event within a broader context of nationwide protests against ICE, linking it to other incidents in Evanston, Illinois, and Concord, California, and criticizing the use of robotic dogs by ICE. Local officials, including Austin Mayor Kirk Watson and Travis County District Attorney, have demanded an independent investigation, contrasting with DHS's assertion that it will not slow down operations in Austin.

Why it matters

The case underscores the escalating tensions between federal immigration enforcement and local communities, as well as the legal and medical challenges faced by detainees. The temporary block on deportation highlights the role of the judiciary in checking executive power, while the conflicting accounts of the shooting raise questions about accountability and transparency in ICE operations. The incident has galvanized public opposition to ICE, with protests spreading beyond Texas to other US cities.

What to watch

The next critical step is the September 30 hearing in San Antonio, where Garces Perez must appear in person. The outcome of this hearing will determine whether the temporary block on his deportation is extended or lifted. Additionally, the ongoing investigation by Homeland Security Investigations and the FBI will likely determine whether charges are filed against the ICE officer. Local officials may continue to push for an independent review of the incident, while protests are expected to persist as long as the case remains unresolved.

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