Judge blocks deportation of shot Austin delivery driver as ICE bodycam gap sparks scrutiny

Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan DoorDash driver, was shot in the back by an ICE officer in Austin on Sunday. The bullet remains lodged near his spine, and he is detained in Pearsall, Texas. A federal judge has temporarily blocked his deportation, and officials revealed the shooting officer was not wearing a body camera despite being issued one.
Key points
- Garcés Pérez was shot while making a delivery; an unmarked vehicle sideswiped his car, leading to a chase and the shooting.
- The ICE officer involved was issued a body camera but was not wearing it during the incident; a colleague’s camera captured partial footage but missed the shooting moment.
- A federal judge granted an emergency order blocking deportation proceedings, scheduling a hearing for September 30.
- Garcés Pérez’s attorney reports he suffered a fractured clavicle and loss of arm movement, and was transferred back to detention after hospital treatment.
- Austin police released video from an off-duty officer’s dash cam showing the aftermath and three gunshots.
Background
This incident follows a pattern of ICE use-of-force cases in Texas, including a fatal shooting in Houston and another in Maine. In August 2026, ICE announced plans to equip all field officers with body cameras, though access to footage remains restricted. Garcés Pérez had entered the U.S. legally in 2024 and was seeking asylum, but received a deportation order in absentia after missing a hearing due to a change of address.
How outlets are covering it
NBC News emphasizes the lack of body camera usage by the shooting officer and the subsequent release of partial footage by Austin police. BBC highlights the legal victory of the temporary deportation block and the judge’s order for the victim to appear in person. Both sources agree on the medical condition and detention status but differ in focus: NBC details the investigative gaps and witness accounts, while BBC centers on the judicial response and attorney statements. DHS maintains Garcés Pérez is in stable condition, while his attorney and local Democrats criticize the medical care and demand his release.
Why it matters
The case underscores ongoing tensions over ICE enforcement tactics, body camera transparency, and due process for immigrants. The temporary block on deportation and the release of partial video evidence may influence public opinion and legal precedents regarding federal immigration enforcement in Texas.
What to watch
Garcés Pérez is scheduled to appear in court on September 30. His attorney is advocating for immediate release and adequate medical care. Austin police are seeking public video evidence to reconstruct the pursuit. DHS and ICE are investigating the shooting, and local officials are demanding an independent review.
- ICE officer who shot man in Austin was issued a body cam but wasn’t wearing it NBC News
- Video to be released by Austin police appears to contradict attorneys' account of ICE shooting KVUE
- US judge blocks deportation of DoorDash driver shot by ICE BBC
- Garcés Pérez says he didn't flee ICE. New video calls that claim into question. Austin American-Statesman
- Austin Police, not ICE, requested EMS for man wounded in ICE shooting, city says KXAN Austin
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