DHS says man ICE officer shot in Austin is stable and in federal custody pending removal

AUSTIN, TEXAS: Homeland Security Investigations, with assistance from the Federal Bureau of Investigation (FBI), is leading the investigation into an officer-involved shooting in Austin, Texas, that left a Venezuelan man wounded, the Department of Homeland Security (DHS) said Sunday, September 20, identifying him as an “illegal alien” who had a final order of removal.

DHS said the man, identified by his attorney as 28-year-old Wilber Rafael Garces Perez, “illegally entered our country under the Biden administration” and had a final order of removal.

DHS says HSI and FBI are investigating shooting

The agency said his condition is stable and that he remains in federal custody pending removal. “This is a developing situation, and we will update the public when more information becomes available,” DHS said.

It did not provide additional details about what led to the shooting or the circumstances surrounding the ICE officer’s use of force. 

The shooting occurred Sunday during a law enforcement operation in Austin. Garces Perez was shot in the torso and taken to a hospital, according to local officials.

Austin police have said no city police officer was involved in the shooting. Local officials have called for greater transparency as the federal investigation continues.

Attorney says Wilber Rafael Garces Perez was making a DoorDash delivery

Before the DHS statement, attorney Kate Lincoln-Goldfinch said she was representing Garces Perez and that he was in the middle of a DoorDash delivery when he was shot.

Lincoln-Goldfinch said Garces Perez's wife was initially denied access to him at the hospital and was not provided meaningful information about his condition.

“We know now ICE has moved this man to an undisclosed location with no update on his condition,” she wrote on X (formerly Twitter).

She also claimed there was no order of removal against her client.

The attorney has previously provided a different account of Garces Perez’s immigration status, saying he was not an undocumented immigrant and had entered the US legally with a work permit. She later told The Associated Press that she did not know his current immigration status.

DHS' statement, however, says Garces Perez had a final order of removal.

Austin mayor calls for answers

Austin Mayor Kirk Watson has condemned the shooting and called for an independent review of what happened.

“I’m very angry about this,” Watson said, while describing himself as “extremely unhappy” about the incident.

Watson has called for the release of body-camera footage and for answers about the circumstances surrounding the shooting. He has also criticized the broader increase in ICE enforcement activity in Austin.

Texas Rep Greg Casar has similarly called for an independent investigation and the release of body-camera footage.

The circumstances leading to the shooting remain under investigation, with federal authorities now leading the inquiry.