In a case that has drawn national attention, a federal judge in Texas has temporarily blocked the deportation of Wilber Rafael Garces Perez, a 28‑year‑old Venezuelan who was shot by Immigration and Customs Enforcement (ICE) agents while making a DoorDash delivery. The order, granted after a lawsuit filed by his attorney Kate Lincoln‑Goldfinch, means Garces Perez cannot be removed from the United States until at least 30 September, when he is scheduled to appear in court in person.
What happened?
According to Lincoln‑Goldfinch, Garces Perez was driving his car when an unmarked black truck—later identified as an ICE vehicle—sideswiped him. After a second collision, agents exited the truck and shot the driver, leaving a bullet lodged in his back. The injury fractured his clavicle, caused significant swelling, and left him unable to move his arm. He was taken to a hospital, treated, and then returned to a detention center where he remains under guard.
Legal maneuvering
The lawyer filed a federal lawsuit seeking a temporary restraining order to halt Garces Perez’s removal. Judge Orlando Garcia, a Clinton appointee, granted the order, citing the need for the driver to appear in court and the seriousness of his injuries. The judge also scheduled a hearing for Garces Perez’s personal appearance, effectively pausing any deportation action until that date.
Government response
The Department of Homeland Security (DHS) issued a statement defending its actions, describing the individual as an “illegal alien” who was the target of a vehicle stop. DHS Secretary Markwayne Mullin rejected claims of inadequate medical care, asserting that Garces Perez had received “some of the best medical care he’s ever received.” The agency also accused media and sanctuary‑city advocates of spreading “false narratives.”
Conditions in detention
Lincoln‑Goldfinch alleges that, despite his injury, Garces Perez was handcuffed, shackled at the ankles, placed in a waist chain, and handled roughly during his transfer. She further claims that detention officials revoked his communication privileges, moved him from an infirmary to an isolated room with a non‑adjustable bed, and limited his access to pain medication. DHS counters that the detainee received “around‑the‑clock” medical care and that he slept on a bed after his hospital release.
Public and political reaction
The incident has sparked protests in Austin, with demonstrators waving flags of Mexico and Guatemala and demanding ICE’s departure from the city. Texas lawmaker Joaquin Castro, a Democrat, called for the driver’s release from detention. Local officials have also urged an independent investigation into the shooting, which occurred on a Sunday afternoon.
Uncertainty and next steps
Uncertainty remains regarding the full extent of Garces Perez’s injuries and the legal outcome of his case. While the temporary block prevents immediate deportation, the pending court hearing will determine whether the driver can remain in the United States pending a final decision. Additionally, the exact circumstances of the shooting—such as why the ICE vehicle pursued the driver and the justification for the use of force—are still under investigation.
Why this matters
This case sits at the intersection of immigration enforcement, workers’ rights, and civil liberties. It highlights the challenges faced by undocumented laborers who rely on gig‑economy platforms like DoorDash, and raises questions about the protocols ICE agents follow when engaging with individuals who are injured during enforcement actions. The judicial intervention underscores the role of the courts in checking executive actions, especially when health and due‑process concerns are at stake.
As the legal process unfolds, observers will watch closely to see whether the temporary restraining order becomes a lasting safeguard for Garces Perez and whether it prompts broader reforms in how ICE conducts vehicle stops and handles detainees with serious injuries.
