AUSTIN, UNITED STATES — A Venezuelan delivery driver shot by an ICE officer has returned to detention after further hospital care, while a federal court pauses his deportation amid a disputed account.
Wilber Rafael Garces Perez, 28, was wounded on Sunday, September 20, during an encounter with U.S. Immigration and Customs Enforcement officers in North Austin. He was working as a DoorDash driver when the confrontation occurred, according to his attorney, Kate Lincoln-Goldfinch.
The shooting has raised questions about the circumstances in which federal officers approached his vehicle, the medical treatment he received after being wounded, and whether he should remain in immigration detention while investigators examine the incident.
On September 22, Reuters reported that Garces Perez had been returned to the South Texas ICE Processing Center in Pearsall after receiving additional hospital treatment for reported loss of movement on his left side.
His attorney has questioned the adequacy of his care. The Department of Homeland Security (DHS) disputes allegations that he was denied appropriate medical treatment, saying he has received medication and around-the-clock care.
A federal judge has also ordered Garces Perez to appear at a September 30 hearing in San Antonio, temporarily preventing his deportation.
What happened during the ICE operation in North Austin?
The shooting occurred shortly before 1 p.m. near Anderson Square and U.S. Highway 183.
According to information provided by Austin-Travis County Emergency Medical Services, an ambulance was dispatched to the 8000 block of Anderson Square at approximately 12:56 p.m.
Emergency responders arrived within about four minutes. They found a man with a gunshot wound to his torso and transported him to a local trauma center in serious but stable condition.
The initial information released by Austin police suggested a possible brief foot pursuit. That preliminary account was subsequently revised as investigators reviewed additional evidence.
At a September 22 news conference, Police Chief Lisa Davis described footage recorded by an off-duty Austin police detective. It showed Garces Perez's blue vehicle stopped near two federal vehicles, with officers speaking to him.
According to Davis, a vehicle pursuit followed before the confrontation ended beneath a highway overpass.
Importantly, Davis said police had no evidence of a foot chase. The available detective footage did not capture the entire interval between the initial encounter and the shooting.
Garces Perez offered a different account of the encounter when he spoke by telephone during a September 21 news conference organized by his attorney.
He said an unmarked black vehicle had struck his car and that he initially believed another driver was behaving aggressively. After realizing federal immigration agents were involved, he said he attempted to make a U-turn and find somewhere to stop.
According to his account, officers struck his vehicle again and an agent fired while he was still inside.
DHS has characterised the operation as a targeted vehicle stop and said Garces Perez attempted to evade arrest.
The available footage does not establish every movement of the vehicles or the circumstances immediately preceding the agent's decision to fire.
New police footage and the investigation into the shooting
Austin police released additional footage on September 22, including recordings from an off-duty detective and body-worn cameras used by officers who responded after the shooting.
One recording shows Garces Perez inside his vehicle while federal officers stand nearby. He tells police that his shoulder hurts before being removed from the car and handcuffed.
An Austin officer subsequently cuts away his clothing, exposing a gunshot wound to his upper back.
The Texas Tribune reported that Austin officers provided medical assistance after arriving. According to the publication's account of the police briefing, federal officers had not administered medical aid before local police arrived.
The footage released by Austin police does not independently establish the events immediately before the shooting.
CBS News also reported, citing sources familiar with the investigation, that the ICE officer who fired was not wearing a body camera. The broadcaster said the officer had joined ICE in 2025 after previously working for U.S. Customs and Border Protection.
DHS has said its Homeland Security Investigations unit is leading the federal investigation with assistance from the FBI.
Austin police and the Texas Rangers are also examining the incident. Mayor Kirk Watson has called for local investigators to have a meaningful role, while police officials have said they intend to pursue their inquiry.
The investigation has not yet produced a publicly established finding about whether the shooting complied with applicable use-of-force rules.
From the Austin hospital to immigration detention in Pearsall
After the shooting, Garces Perez was taken to Dell Seton Medical Center in Austin.
His attorney said he was discharged approximately four hours after admission and transferred into ICE custody.
He was subsequently taken to the South Texas ICE Processing Center in Pearsall, approximately 130 to 135 miles southwest of Austin.
Garces Perez said a bullet remained lodged near his spine. During the September 21 telephone news conference, he reported continuing pain, insufficient medical attention and difficulty sleeping at the detention center.
Lincoln-Goldfinch said she and his wife had struggled to obtain information about his location and condition after he left the hospital.
The attorney later reported that Garces Perez was losing movement on his left side, prompting his transfer to another hospital on Monday evening.
By September 22, he had been returned to the Pearsall detention facility, according to his attorney's account to Reuters.
DHS has challenged the description of his treatment.
In a September 22 statement reported by The Texas Tribune and Reuters, the department said Garces Perez had been receiving continuous medical care, including pain medication. It also denied that he had been forced to sleep on the floor.
The department said decisions about removing a lodged bullet belong to medical professionals rather than ICE officers.
Ascension Seton, which operates Dell Seton Medical Center, told KUT that its staff had followed policies governing interactions with law enforcement. Its statement did not establish the specific clinical decisions made in Garces Perez's case.
The publicly available accounts therefore do not resolve precisely what treatment was prescribed, which medications were administered at each stage, or why hospital staff determined that discharge was appropriate.
What medical standards require for a wounded detainee
The presence of a bullet in a patient's body does not, by itself, establish that hospital discharge was medically inappropriate.
In interviews with The Texas Tribune, doctors experienced in treating gunshot wounds explained that removing a bullet can sometimes cause greater harm than leaving it in place.
Marc F. Stern, a physician and University of Washington assistant professor, said it can be common for patients with retained bullets to be discharged, depending on their medical circumstances.
Brian Elmore, a physician and global emergency medicine fellow at the University of Virginia, emphasized the importance of follow-up arrangements and appropriate medication after discharge.
Neither explanation establishes whether the particular care provided to Garces Perez was adequate. That would require information about his injuries, neurological findings, clinical assessments and treatment plan.
ICE's published Performance-Based National Detention Standards provide a broader framework for assessing medical access in detention facilities.
The medical-care standard addresses access to necessary services, including emergency treatment, continuity of care and timely follow-up.
Its application to a particular facility depends on the standards governing that facility's operation.
For Garces Perez, the relevant questions include whether his discharge instructions were communicated to detention medical staff, whether his prescribed treatment was available, and how personnel responded when he reported new symptoms.
The published detention standards explain the general obligations, but they do not establish that those obligations were met or breached in this individual case.
Deportation order, court hearing and the driver's immigration history
Garces Perez's immigration status has also become part of the dispute.
DHS has stated that he is a Venezuelan national who entered the country illegally and was subject to a final removal order.
His attorney says he entered the United States in 2024 through the CBP One appointment system and subsequently applied for asylum.
According to Lincoln-Goldfinch, a deportation order was entered after he missed an immigration hearing because the notice was sent to an earlier address.
There is also a distinction between a person's original entry, subsequent permission to remain, and whether employment authorisation remains valid.
The Texas Tribune corrected earlier reporting about Garces Perez's documents after his attorney confirmed that his driver's licence and work permit had expired in December 2025.
His lawyers have filed a federal habeas corpus petition seeking his release from immigration detention.
U.S. District Judge Orlando Garcia ordered Garces Perez to attend a hearing in San Antonio on September 30, temporarily preventing ICE from removing him before that appearance.
The order does not resolve the merits of his immigration case or determine whether his detention is lawful.
The Travis County District Attorney's Office has separately asked federal authorities to suspend removal proceedings while the shooting is investigated.
In a statement dated September 22, prosecutors said deportation could substantially restrict Garces Perez's ability to participate as a material witness in the investigation or any subsequent prosecution.
The request introduces a separate legal consideration: preserving access to the person who was wounded while investigators determine what happened.
It does not establish that a criminal offence occurred or that charges will be filed.
Austin protests and demands for an independent inquiry
The shooting prompted demonstrations near the scene and outside the Texas State Capitol.
Residents and immigrant-rights organisations gathered on September 20 and 21 to call for an investigation and express concern about federal immigration enforcement.
At the initial scene, protesters placed signs, flowers and candles near the highway overpass.
Austin police said some confrontations on Sunday night involved objects being thrown toward officers and damage to police vehicles. Officers used crowd-control measures, and several arrests were reported.
The demonstrations also prompted public statements from elected representatives, including Greg Casar and Joaquin Castro.
Both Democratic lawmakers have called for further scrutiny of the shooting and have raised concerns about Garces Perez's detention and access to medical care.
The case comes during a period of increased federal immigration enforcement under President Donald Trump's administration.
The Associated Press reported that ICE recorded more than 50,000 arrests per month in both July and August 2026, describing those figures as unprecedented for the agency.
The Austin shooting has renewed questions about the extent of federal immigration officers' authority during vehicle stops, the availability of body-camera evidence and the investigative arrangements used when an officer fires a weapon.
Those wider policy disputes remain separate from the factual determination required in Garces Perez's case.
The questions remaining before the September 30 hearing
As of the latest reporting reviewed for September 23, Garces Perez remains in federal immigration detention following two hospital visits.
His attorney continues to question his medical treatment, while DHS maintains that appropriate care has been provided.
Investigators still need to establish the complete sequence of events leading to the shooting. Relevant evidence includes the initial vehicle-stop footage, any recordings held by federal agencies, witness accounts and the physical evidence from the vehicles.
The September 30 court hearing will address his detention petition and provide an immediate procedural safeguard against removal before that date.
Separately, the federal, state and local investigations must establish what happened during the encounter and whether any further action is warranted.
For Garces Perez and his family, the immediate questions concern his recovery, continued medical treatment and access to the legal proceedings now underway.