Austin ICE shooting: Federal judge grants emergency order to stop man's deportation

AUSTIN, Texas - The attorney for a Venezuelan man shot by an ICE agent in North Austin says that a federal judge has granted an emergency order to stop his deportation.

Kate Lincoln-Goldfinch, who is representing Wilber Rafael Garces Perez and his family, shared the update on X on Sept. 22.

PREVIOUS COVERAGE: Austin ICE shooting: New details released on man shot by ICE agents

Judge stops man's deportation after ICE shooting in Austin

What they're saying:

On Sunday, Sept. 20, Perez was shot in the back by federal agents while driving along Anderson Square in North Austin. It has been revealed there is no body-camera footage from ICE.

Lincoln-Goldfinch posted a video update to X as well, saying that Perez is still in a lot of pain and that the bullet is still lodged in his body.

"Rather than asking what was Wilbur doing, was he fleeing, etc., we should be saying, where is the footage of this event? If ICE wants to justify shooting a man in the back of the neck, then they need to show us why that was justified," Perez’s attorney, Kate Lincoln-Goldfinch said.

Lincoln-Goldfinch said Perez was taken to the hospital, but the bullet wasn’t taken out of his back, and then he was transported to a processing center in Pearsall. Perez said Monday afternoon he was losing feeling on the left side of his body, and he was taken back to the hospital. After a brief stint, he was discharged back to the detention center at midnight.

"I spoke to him on video this morning. He's in a sling, he has a lot of bruising and swelling, and we were concerned about paralysis, because we know the bullet is still lodged in his body, and we thought it was close to his spine. As far as I can tell, it seems like it's maybe closer to the clavicle because this bone is broken, and we don't know why they have decided not to take out the bullet at this point. He hasn't had surgery, so he's hurting. He's in a regular bed that doesn't lift and lower, and he's now in isolation and has suffered some retaliation for speaking to the press, so, he's not having a great time right now," Lincoln-Goldfinch said.

Lincoln-Goldfinch said Perez, originally from Venezuela, came to the U.S. legally during the Biden administration seeking asylum. His attorney said he had a hearing notice, but he changed his address and didn’t receive the notice, so didn’t know about the hearing, and didn’t show up, so a judge ordered a final deportation order. His attorney said based on records she has been able to access, it appears the removal order was finalized in July.

"He was aware that he had a final order, and he was working on trying to get it reopened," Lincoln-Goldfinch said.

Now, Perez’s attorney is fighting his deportation, and a judge has temporarily blocked his removal. She says that they have filed a federal lawsuit and the judge in the case has ordered Perez be present at the first hearing.

Lincoln-Goldfinch says this means he will not be deported in the meantime.

What's next:

The hearing is scheduled for Wednesday, Sept. 30.

Travis County DA's office letter to DHS, ICE

Dig deeper:

Travis County DA Jose Garza has sent a letter to DHS and ICE to halt any removal proceedings for Perez as well, pending a local criminal investigation into the shooting.

"To ensure a complete, impartial inquiry into the shooting of Mr. Garces Perez, l ask that Mr. Garces Perez be allowed to remain in the United States during the pendency of this criminal investigation," Garza said in the letter.

Garza says that Perez "must be allowed to readily share information with local law enforcement about what transpired on September 20, 2026, and remain available to cooperate with case agents and prosecutors who are reviewing this incident to determine whether any violations of state criminal laws have occurred."

Read the letter below:

Man shot by ICE describes shooting

Local perspective:

Wilber told Lincoln-Goldfinch that he was driving for DoorDash on Sunday when an unmarked car sideswiped him. He did not know it was ICE. 

He told Lincoln-Goldfinch that he did a U-turn under the highway and was then sideswiped again. He then said the agents got out of the unmarked car and shot him in the back of the neck. They then pulled him from the car.

Lincoln-Goldfinch said there was no foot chase. However, ICE said there was a foot chase.

Lincoln-Goldfinch is now calling for the full body-camera footage from the incident. 

Homeland Security Investigations confirms that Perez is from Venezuela and had entered the country illegally. They say Perez had a final order of removal.

Perez was taken into federal custody to the South Texas ICE processing center in Pearsall, but has since been taken back to the hospital according to Rep. Joaquin Castro.

What happened in the ICE shooting on Sept. 20 in Austin?

The backstory:

It's still not clear exactly what happened during the law enforcement operation before the ICE agent opened fire in North Austin.

Austin-Travis County EMS Chief Rob Luckritz said emergency crews were notified of a reported shooting at about 12:56 p.m. in the 8000 block of Anderson Square.

Paramedics arrived within about 3 1/2 minutes and found an adult man with a gunshot wound. The man was transported to a local trauma center in serious but stable condition.

Luckritz said the patient was taken from the scene within nine minutes of EMS crews’ arrival.

APD Chief Lisa Davis said the shooting involved a federal agent and later confirmed she had been told the agent was with ICE.

Austin police were not involved in the shooting. Officers helped block roads and direct traffic near Research Boulevard and Anderson Square.

Davis said the Austin Police Department’s Special Investigations Unit, which investigates officer-involved shootings, was at the scene.

She said during Sunday's press conference that she had not yet been briefed by federal authorities about the operation. Davis said she had heard there was a brief foot pursuit, but emphasized that the information was preliminary.