Wilber Rafael Garces Perez, a food delivery driver in North Austin, Texas, was shot by Immigration and Customs Enforcement (ICE) agents while he was making a delivery on Sunday, September 20. Garces Perez, who survived the shooting but is now partially paralyzed, says his car was rammed by a large black unmarked truck.
ICE claimed they attempted a traffic stop and that Garces Perez fled, but the DoorDash driver and his lawyers’ account contradict this report, saying after he tried to U-turn and pullover, ICE agents rammed his vehicle again, and then an agent got out and aimed his weapon through the passenger side of the car and shot Garces Perez in the back of his neck.
CBP revealed on Tuesday, September 22, that the officer that fired the shot was not wearing a body camera, despite the agency’s body-camera requirements.
After a few hours in the hospital, Garces Perez was transferred to ICE custody with the bullet still lodged in his back.
“I am not doing well due to the gunshot wound and I have not received the medical attention that I require,” he said through a translator at a press conference in Austin. After receiving no pain medication at the hospital, Garces Perez said that in ICE custody, he was forced to sleep on the floor and repeatedly asked for medical care while in severe pain.
His attorney also said he developed paralysis on his left side.
Local community demands ICE out of Austin
Within hours of the shooting, protests erupted in Austin. Hundreds of residents flooded the streets demanding ICE out of their neighborhoods.
Organizers have connected the shooting to a growing number of fatal and nonfatal encounters involving immigration agents, including the killings of Lorenzo Salgado Araujo in Houston and Ruben Ray Martinez in South Padre Island.
“We cannot be silent as ICE is shooting and killing our neighbors!” a statement by the Austin branch of the Party for Socialism and Liberation said.
Protests have continued across Austin on Monday and Tuesday. Student walkouts were also seen on Tuesday, September 22, by students across Pflugerville, Texas, north of downtown Austin, as well as Navarro Early College High School.
DHS defends the shooting and promises to investigate
After the shooting, the Department of Homeland Security quickly claimed that Garces Perez was an “illegal alien from Venezuela, who illegally entered” the United States.
Garces Perez’s lawyers have refuted these claims, saying he entered the country through CBP One, the US border processing system. “He had a work permit. He was seeking asylum.” They said that a notice of hearing was sent to an old address, despite Garces Perez updating his address with the immigration court. “He didn’t know he had a hearing. So he didn’t go and got a deportation order in absentia, which is a very common thing.”
According to reports, DHS and the Federal Bureau of Investigation (FBI) are leading an investigation into the ICE shooting of Wilber Rafael Garces Perez.
Austin police and the Travis County district attorney’s office have also said they intend to investigate the shooting. But their investigations come amid strong criticism of federal officials’ handling of previous ICE shootings in Texas. In Houston, Harris County District Attorney Sean Teare has said federal officials did not provide his office with information about the fatal shooting of Lorenzo Salgado Araujo. He is taking his own investigation to a grand jury to force the release of more details.
ICE violence continues in the US
The Austin shooting follows a series of fatal encounters involving federal immigration agents this year, including the killings of Renee Nicole Good and Alex Pretti in Minneapolis and Johan Sebastián Durán Guerrero in Maine.
As federal agents continue to face scrutiny over deadly encounters in Texas and other states, Austin residents and organizers say they will continue protesting and organizing until ICE is out of their communities.
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