Congressman says Venezuelan man shot by ICE then taken into custody told he needs surgery

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AUSTIN, Texas (AP) — A Democratic congressman said Wednesday that a Venezuelan man shot by a federal immigration officer in Texas and then taken to a detention center has been told by a specialist he needs surgery to remove the bullet still lodged near his spine.

U.S. Rep. Greg Casar visited a federal detention center in south Texas where Wilber Rafael Garces Perez, 28, was taken into custody after being shot Sunday in Austin by a U.S. Immigration and Customs Enforcement agent.

Casar said Garces Perez was in a wheelchair and still in pain, but did not say whether the family had decided that he should undergo surgery. The Department of Homeland Security has said Garces Perez, who has been taken to a hospital twice since the shooting, is receiving around-the-clock medical care and pain medication.

"If they want to say it’s great medical care, they should start providing great medical care today by having him leave the detention center, go to a hospital or to a doctor, and do not delay his surgery if that’s what his family chooses to do,” Casar said.

Casar, whose district includes Austin, was the first member of Congress to visit Garces Perez in person since the shooting. He said the wound in Garces Perez's back remains bloody and medical staff change his gauze two or three times daily.

Following Casar's visit and a press conference, DHS issued a previous statement denying claims that Garces Perez was forced to sleep on a floor or that he was prevented from having the bullet removed, saying ICE would not advise on a medical procedure for a detainee.

Garces Perez was making a DoorDash delivery when ICE officers in an unmarked truck sideswiped his car twice, his attorney, Kate Lincoln-Goldfinch, said. He was shot and taken to a hospital, then released into ICE custody with a bullet still in his back, she said.

ICE and DHS haven't said what led to the shooting beyond that Garces Perez was “the subject of a targeted vehicle stop."

ICE has not said if the agent who fired was wearing a body camera. At the beginning of September, Homeland Security Secretary Markwayne Mullin said he expected all field agents to have them by the end of the month.

Austin police released body camera footage from its officers who arrived just after the shooting. Garces Perez is seen hunched over in the front seat of his car and grabbing his shoulder and rocking back and forth. An officer later cut off Garces Perez’s shirt, and a wound can be seen in his upper back.

Garces Perez entered the U.S. in 2024 using CBP One, a program begun under President Joe Biden that allowed migrants to make appointments with U.S. authorities to be considered for asylum, Lincoln-Goldfinch said. President Donald Trump ended the program on his first day in office.

Garces Perez was an asylum seeker and had a valid work permit, according to Lincoln-Goldfinch. She said a judge issued a deportation order after Garces Perez missed an immigration court hearing because the notice was sent to a former address.

Garces Perez's shooting came at the end of a summer in which ICE notably ramped up enforcement operations in Austin and surrounding suburbs and increasingly targeted immigrants without criminal records in public places.

In all, ICE made more than 1,000 arrests in Austin, Pflugerville and other nearby cities during June and July, more than an 80% increase from a year earlier, which had been the previous peak, according to ICE data provided to the Deportation Data Project at the University of California, Berkeley, and the University of California, Los Angeles, and analyzed by The Associated Press.

Unlike some other places, the increases in Austin were not driven by partnerships with local law enforcement agencies or by picking up jail inmates. Instead, the data shows that ICE officers made the vast majority of arrests in the community through traffic stops and other enforcement methods.

Nearly 2 out of 3 people who were arrested in the Austin area had no criminal convictions and no pending criminal charges, the data shows.

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Foley reported from Iowa City, Iowa. Jeffrey Collins in Columbia, South Carolina, contributed to this report.

Wilder is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.