AUSTIN, Texas — A Venezuelan man shot by a U.S. Immigration and Customs Enforcement officer in Texas was back in a federal detention center Tuesday after being taken to a hospital for a second time with a bullet still lodged in his back, according to his attorney.
A federal judge also ordered Wilber Rafael Garces Perez, who was shot Sunday in Austin, to appear in court next week following a lawsuit that sought to stop his removal from the U.S.
Kate Lincoln-Goldfinch, Perez's attorney, said in a video posted to social media Tuesday that the 28-year-old man was “still in a lot of pain.”
Perez was being held at a federal detention facility in the remote South Texas town of Pearsall, according to Texas Democratic U.S. Rep. Joaquin Castro, who has joined others in his party in sharply criticizing the shooting that occurred amid a surge in ICE enforcement during President Donald Trump's second term. The violent encounter has also sparked protests in Austin, including a gathering outside the Texas Capitol on Monday night.
Perez was making a DoorDash delivery Sunday afternoon when ICE officers in an unmarked truck sideswiped his car twice, Lincoln-Goldfinch has said. He was shot and taken to a hospital, then released into ICE custody with a bullet still in his back. Perez went back to the hospital Monday evening after complaining of pain and was taken back into ICE custody around midnight, Lincoln-Goldfinch said.
Court filings from Perez’s lawyers indicated he was forced to sleep on a cement floor at an ICE temporary processing center, and then at 4 a.m. Monday, ICE transferred him to the Pearsall facility. A temporary restraining order from his attorneys said he was also subject to interrogation without legal representation present.
Lincoln-Goldfinch wrote on social media that he was taken back to the hospital around 5 p.m. Monday after he began experiencing a loss of sensation in his arm.
The Department of Homeland Security, which oversees ICE, did not immediately respond to email messages Tuesday. The agency has released little information and has not said what prompted the shooting. In a statement early Monday, the department said it was investigating the shooting of a Venezuelan man in the U.S. illegally who “had a final order of removal.”
On Tuesday, the department responded on social media to a video of Texas Democratic U.S. Rep. Greg Casar saying Austin will be safer once ICE leaves, calling it a “ludicrous statement.”
“No amount of smears and false narratives will slow down ICE from doing its job by removing dangerous illegal aliens from our communities,” the agency posted.
On Monday, Perez called into a news conference and told reporters he had received no pain medication and slept on the floor.
Castro posted on social media that he planned to visit Perez on Wednesday to “check on his condition and demand his release.”
In response to the lawsuit, U.S. District Judge Orlando Garcia ordered Perez to appear in person at a hearing Sept. 30 in San Antonio.
___
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.
Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
