Judge Halts Deportation of Austin DoorDash Driver as ICE Shooting Investigation Deepens

3 min read
Source: The New York Times
Judge Halts Deportation of Austin DoorDash Driver as ICE Shooting Investigation Deepens
Photo: The New York Times
TL;DR

A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan man shot by an ICE agent in Austin, Texas, on Sunday. Garces Perez remains in a detention center in Pearsall with a bullet lodged near his neck, requiring surgery that federal officials have not yet authorized. While DHS investigates the incident, the officer involved was hired last year and did not wear a body camera. The case has sparked intense debate over the use of force, medical care in detention, and the reliability of conflicting video evidence.

Key points

  • Judge Orlando Garcia ordered Garces Perez to appear in court in person on September 30, effectively blocking his deportation until then.
  • The ICE officer who shot Garces Perez was hired in 2025 and was not wearing a body camera during the incident.
  • Garces Perez was shot during a traffic stop while delivering food for DoorDash; he was hospitalized twice but returned to detention each time.
  • The bullet remains lodged near his neck, and a doctor has advised that surgery is necessary for removal.
  • DHS is investigating the shooting but has not confirmed whether the shot was fired in the back.

Background

This incident follows a series of ICE-related shootings in Texas, including a fatal shooting in Houston earlier this year. Garces Perez entered the U.S. in 2024 via the CBP One app and had a deportation order in absentia. Local officials and Democratic lawmakers have demanded transparency and an independent investigation, citing concerns about ICE's operational standards and medical care in detention facilities.

How outlets are covering it

The New York Times emphasizes the lack of body camera footage and the officer's recent hiring, highlighting concerns about accountability and medical neglect. BBC focuses on the legal victory of the temporary deportation block and the physical injuries, including a fractured clavicle. Fox News presents surveillance video showing a chase with lights and sirens, contradicting the attorney's claim that the vehicle was unmarked, and notes that Austin police bodycam footage shows officers assisting Garces Perez out of his car rather than pulling him out. The sources disagree on the sequence of events and the nature of the encounter, with the attorney describing a sideswipe and rough handling, while local law enforcement evidence suggests a different dynamic.

Why it matters

The case underscores the tensions surrounding ICE enforcement tactics, the rights of detainees to medical care, and the role of federal courts in checking executive actions. It also highlights the broader debate over immigration policy and the use of force by federal agents in the U.S. interior.

What to watch

Garces Perez is scheduled to appear in court on September 30. The outcome of this hearing will determine whether his deportation is permanently blocked or if he will be released for surgery. DHS is expected to continue its investigation, and local officials may push for an independent review of the incident.

Share this article

Want the full story? Read the original reporting

Read on The New York Times