DHS says wounded man had removal order
A federal immigration agent shot and wounded a man in North Austin on Sunday, state and local officials said. Austin-Travis County EMS Chief Robert Luckritz said during a news conference that he believed the man had been shot once in the torso and was transferred to a local trauma center in serious but stable condition. The incident occurred around 12:56 p.m. CDT, Luckritz said. The Austin Police Department said its officers were not involved.
The man was identified as 28-year-old Venezuelan national Wilber Rafael Garces Perez by his attorney, Austin immigration lawyer Kate Lincoln-Goldfinch, who said she is representing the family.
Lincoln-Goldfinch said via Instagram that ICE agents boxed Garces Perez in his car and shot him through the vehicle’s rear window. Austin Police Chief Lisa Davis said during the press conference that a foot pursuit may have occurred, but the information was still preliminary. Lincoln-Goldfinch said she has not been able to speak to her client to confirm the claim.
Lincoln-Goldfinch said Garces Perez was released to ICE custody at 4:30 p.m. and neither she nor his wife knows where he is. “We will be pursuing in all ways for this family,” she said while standing outside the Dell Seton Medical Center, where Garces Perez received treatment.
In a statement published late Sunday, the Department of Homeland Security said Garces Perez had a final order of removal and was shot “during a law enforcement operation.” “The illegal alien’s condition is stable, and he is in federal custody pending removal,” DHS said.
Lincoln-Goldfinch responded, saying a removal order does not explain why they shot her client. “The public deserves the facts. His family deserves the facts. His family deserves answers,” she said on Instagram.
The shooting prompted protests in Austin. Texas Department of Public Safety troopers fired pepper balls at some protesters crossing the street toward the scene of the shooting.
Rep. Greg Casar, D-Texas, sent a letter to DHS Secretary Markwayne Mullin demanding cooperation with an immediate and independent investigation. “I am also demanding accountability for the agent responsible for any and all wrongdoing,” Casar wrote. He called for the agent to be suspended and to remain in Austin while the investigation continues. Casar also expressed concern over Garces Perez’s removal from the hospital. “If ICE deports him, the key witness to their shooting disappears,” Casar said. “He must not be removed from this country and he must receive proper medical care.”
Austin Mayor Kirk Watson said he was “very angry” about the shooting but “not surprised,” citing earlier ICE-related shootings elsewhere in the country. He said he has requested that local officials be part of the investigation. “Austinites have a right to know what happened. It’s their city. They have seen what’s happened in other places when there has been a shooting like this that ICE has been involved in,” Watson said.
The Travis County District Attorney’s Office said in a statement that it is requesting to be a co-equal partner with the Austin Police Department in the investigation and is seeking federal cooperation to make evidence available.
Austin City Council members Jose “Chito” Vela, Vanessa Fuentes and Jose Velasquez said in a joint statement, “We are disgusted by the continued recklessness and disregard for human life by this administration.” They added, “ICE has never made our communities safer, and today is a tragic reminder of this fact. ICE must leave Austin now.”
Federal immigration officers have been involved in a series of shootings amid the Trump administration’s immigration enforcement operations, including several fatal shootings, two of them involving U.S. citizens. According to local officials, federal immigration officers have increased operations in Austin since at least August, leading to numerous immigration arrests.