ICE agent who shot Garces Perez was not wearing body camera

The Department of Homeland Security pushed back Tuesday against what it called “false narratives” about the Sunday shooting of Wilber Rafael Garces Perez in Austin, Texas, blaming news media for “spreading lies” and saying ICE “will not be slowing down nor leaving Austin.” The pushback came as new details emerged about gaps in the public record of the encounter: the ICE agent who fired was not wearing a body camera, and the footage released by Austin police does not show what led up to the shooting.

“Contrary to their claims, this person is an illegal alien who has no legal status to be here and has been given some of the best medical care he’s ever received in his life,” Homeland Security Secretary Markwayne Mullin said. Mullin said Garces Perez’s work permit had expired and described the encounter as a “targeted vehicle stop.”

“No amount of smears and false narratives will slow down ICE from doing its job by removing dangerous illegal aliens from our communities and making America safe again,” Mullin said.

The Austin Police Department released footage from the first police officer who arrived at the scene, who was not involved in the incident. That footage did not show what led up to the shooting.

Garces Perez was shot Sunday while making DoorDash deliveries in Austin, according to his attorney, immigration lawyer Kate Lincoln-Goldfinch. He is being held at a federal detention center in Pearsall, Texas, after being treated again at a hospital Monday night, Lincoln-Goldfinch said. ICE transferred him to the center from a hospital after the shooting with a bullet still in his back, she said.

Lincoln-Goldfinch said the gunshot fractured Garces Perez’s clavicle and that he is still experiencing “significant swelling and pain” without adequate medical care. She also said ICE revoked her client’s communications privileges after he spoke to reporters by phone for a press conference Monday.

A federal judge has ordered Garces Perez to appear at a Sept. 30 hearing in person, temporarily blocking his deportation before then. ICE had said he was in federal custody “pending removal.” U.S. District Court Judge Orlando Garcia issued the order, according to the report.

The temporary block on deportation is “an important step,” Lincoln-Goldfinch said, “but our work is not over. Wilber still needs appropriate medical care, and we will continue fighting to protect his rights.”