A 28-year-old Venezuelan man, Wilber Rafael Garcés Pérez, is undergoing medical treatment after being shot by federal immigration officers during a traffic stop in Texas. His supporters say he needs surgery to prevent permanent loss of feeling on the left side of his body. Garcés Pérez was shot on Sunday and has been in federal immigration detention for five days with a bullet lodged in his back. He was removed from a hospital in Austin after the incident and taken to a detention center about 140 miles west of San Antonio. His case has drawn attention from local officials and the public, with some calling for changes to how immigration enforcement is conducted.
Democratic congressman Greg Casar visited Garcés Pérez on Wednesday and found him in a wheelchair with a sling on his left arm. Casar said Garcés Pérez had been given stronger painkillers and that a medical specialist had advised him that surgery is needed to remove the bullet between his shoulder blades. Casar urged ICE to expedite the care if Garcés Pérez and his wife decide to proceed with surgery. The Department of Homeland Security (DHS), which oversees ICE, responded to Casar’s comments by stating that it provides comprehensive medical care to detainees, claiming it is "the best healthcare [many] have received their entire lives."
DHS denied claims that Garcés Pérez had slept on the floor during his first night in detention. The agency did not respond to questions from the Guardian about the medical treatment or the investigation into the shooting. The timeline for any surgery remains unclear, according to Garcés Pérez’s attorney, Kate Lincoln-Goldfinch, who said the ongoing legal and public attention has kept the case in the spotlight. ICE has faced criticism from local leaders, including Austin’s mayor, Kirk Watson, and some Democratic politicians have called for an end to traffic stops and random questioning of immigrants. Students at several schools in the Austin area also walked out in protest, waving flags from Latin American countries.
A federal judge has ordered Garcés Pérez to appear at a court hearing next week, where a judge will begin considering a habeas corpus petition seeking his release. The local attorney general has filed a letter requesting that Garcés Pérez remain in the United States during the investigation, citing his importance as a witness. Garcés Pérez is the subject of a court order to be removed from the US, but his legal team has applied for a visa, claiming he was a victim of violent crime by ICE. Lincoln-Goldfinch said she lost contact with her client for over two days after he was briefly able to call her during a press conference on Monday, where he described the pain from his injuries and gave his account of the events. Garcés Pérez has been in isolation since then, she said.
New evidence from local law enforcement has raised questions about parts of Garcés Pérez’s account. Austin police arrived at the scene shortly after an unnamed ICE officer shot Garcés Pérez, who was in his car clutching his chest as federal agents watched. Two Austin officers provided first aid, cutting off his shirt to reveal the bullet wound. Garcés Pérez, who was making a DoorDash delivery at the time, said he did not realize ICE was trying to stop him and had driven away from federal agents to move his car to a safer spot before an ICE vehicle hit him. Bystander video showed the aftermath. Video released by Austin police appears to show that Garcés Pérez stopped down the block from the site of the shooting about 10 minutes before it occurred. He was pulled over on a lane of moving traffic, blocked on either side by black SUVs, and conversing with two federal immigration officers standing outside of his car.
Austin police chief Lisa Davis said a pursuit "going through side neighborhoods" followed. Bystander video shows that an ICE SUV crashed into Garcés Pérez. A federal officer got out of the vehicle and shot him. Asked about the inconsistencies, Lincoln-Goldfinch told the Guardian: "Asking my client who is gravely injured, who is on communication lockdown, in a jail cell, to explain what happened is unfair." She declined to say whether she regretted putting her client in front of the media on Monday. Lincoln-Goldfinch also expressed concerns about transparency, noting that ICE has not provided her with footage of the incident and that the officer who shot Garcés Pérez was not wearing a body camera at the time of the shooting. DHS has said it is leading the investigation into the shooting, alongside the FBI, while the local district attorney and Austin police have launched their own investigations.
Venezuelan Man Shot by ICE Officers in Texas Faces Medical Concerns and Legal Disputes
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