Austin ICE shooting sparks fight over Venezuelan illegal immigrant's deportation

One of the nation's largest Hispanic civil rights groups called Monday for the Venezuelan illegal immigrant who was shot during an ICE pursuit in Austin to not be deported, arguing he is a key witness in the investigation into officers' use of force.

The League of United Latin American Citizens (LULAC) made the statements Monday afternoon after an agent shot and wounded Wilber Rafael Garces Perez during a traffic stop. Garces Perez was hospitalized in serious but stable condition. The shooting sparked protests in Austin and calls from local officials for an independent investigation.

"Wilber is a victim of the shooting and the most important witness to it. You do not deport the key witness to your own officers' use of force," LULAC CEO Juan Peruano said.

According to Kate Lincoln-Goldfinch, the attorney for Garces Perez and his wife, Garces Perez was delivering DoorDash when an "unmarked black truck sideswiped him."

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She said he did not know the vehicle was operated by ICE and subsequently made a U-turn under the highway before the agents continued to pursue him.

"The truck chased him and sideswiped him again. And the agents came out and shot him in the back of the neck and pulled him out of the car," Lincoln-Goldfinch said.

Lincoln-Goldfinch also claimed Garces Perez did not receive sufficient medical care, and the bullet remained lodged hours after the shooting.

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"We learned that at 4:00 he still had a bullet lodged in his back. He was shot here in his back, and they didn't take the bullet out, and they didn't give him pain medication. And they transferred him to ICE, to a processing center, where he spent the night without a bed," Lincoln-Goldfinch said. "There is absolutely zero justification for having shot him in the back of the neck. And this is why we're calling for a stop to ICE traffic stops. ICE officers are over armed, overpaid, under trained and violent. They don't know how to safely conduct traffic stops."

According to his attorney, Garces Perez had a work permit and was seeking asylum after entering the U.S. in 2024 through the CBP One app, which the Biden administration expanded to allow migrants to request asylum at ports of entry.

His attorney claimed he received a removal order after a notice for his immigration hearing was sent to his old address, despite him having updated his address with the court.

"He changed his address with the immigration court, and a notice of hearing was sent to his old address. He didn't know he had a hearing. He didn't go. And so he got a deportation order in absentia, which is a very common thing," she said. "The court is notorious for sending notices of hearings to the wrong address. So it appears that that is what happened with him. That's why he has a removal order. We are working on that." 

According to the Austin Police Department, hundreds of protesters gathered Sunday evening following the ICE operation, throwing rocks, bottles and pieces of concrete. Three police vehicles were damaged, and multiple officers sustained minor injuries, officials said.

At least three people were arrested for rioting, resisting arrest, assaulting a peace officer, or a combination of the charges. The individuals were identified as Robert Padgett, 48; Armando Menagarcia, 29; and Matthew Hemby, 44.

Lincoln-Goldfinch further to condemned the accounts provided by federal agents, claiming ICE officials do not tell the truth.

"We are fed up with ICE and DHS telling us lies about what has happened in these incidents where people are being murdered and shot," she said. 

Rep. Lloyd Doggett echoed Lincoln-Goldfinch's assertions, claiming that federal immigration officials often lie. 

"ICE has no credibility anymore. It lies. We know it lies. We've seen it demonstrated again and again, and we need the kind of independent structure to demand some accountability," he said.

DHS sources confirmed to Fox News on Sunday that Garces Perez is an illegal immigrant from Venezuela with a final order of removal.

DHS said Garces Perez illegally entered the United States under the Biden administration. The agency said he was shot during a law enforcement operation.

"The illegal alien's condition is stable, and he is in federal custody pending removal," DHS added on X.