AUSTIN, Texas (AP) — A Venezuelan man shot by a U.S. Immigration and Customs Enforcement officer was in custody Monday at an ICE detention center in Texas after he was released from a hospital with a bullet still lodged in his back, according to a spokesperson for the man's attorney.
Wilber Rafael Garces Perez, 28, was making a DoorDash delivery in the Texas capital of Austin on Sunday before he was shot during a traffic stop, said Fabiana Meléndez Ruiz, a spokesperson for immigration attorney Kate Lincoln-Goldfinch.
Ruiz said that Perez called his wife around 12:30 p.m. Sunday to tell her that he had been shot. She said Perez's wife hasn't spoken with him since then.
Perez was being detained at the South Texas ICE Processing Center in Pearsall, about 130 miles (209 kilometers) southwest of Austin, Ruiz told The Associated Press. She said Lincoln-Goldfinch spoke by phone with Perez, who told her that he was being interrogated while a bullet remained in his back. Perez also said he had no pain medication, according to Ruiz.
The Department of Homeland Security, which oversees ICE, has released little information and has not said what prompted the shooting. In a statement early Monday, the department said it was investigating the shooting of a Venezuelan man in the U.S. illegally who “had a final order of removal.”
Perez is an asylum seeker and entered the United States through a parole program, and he has no criminal history, Ruiz said.
“Regardless of his status, the use of force was unwarranted," Ruiz said. "As far as we understand, he was here legally.”
The shooting occurred amid a surge in ICE enforcement across the U.S. during President Donald Trump's second term. During the summer, it reported more than 50,000 monthly arrests in July and August — a first for the agency.
Immigration officers have come under intense scrutiny amid a series of shootings during the crackdown. At least four people have been fatally shot by federal officers during immigration enforcement operations this year.
Austin Police Chief Lisa Davis told reporters Sunday that the shooting occurred following a traffic stop. She said local police were not involved. Local officials said the man was shot once in the torso and had been hospitalized in serious but stable condition.
Perez's wife and attorney were unable to get information on his condition from the hospital Sunday until hospital attorneys told them at around 6 p.m. that he had been discharged 90 minutes earlier, Ruiz said.
She said that ICE had not confirmed any information to Lincoln-Goldfinch, who used legal databases and other means to discover where he was being detained.
Austin Mayor Kirk Watson, a Democrat, said Sunday he wants local police to have a role in investigating the shooting. Watson said it wouldn’t be appropriate for ICE to investigate on its own.
At the scene of the shooting, a dark blue Toyota Corolla was parked under an overpass with damage to its passenger-side door and what appeared to be bullet holes before it was towed away Sunday evening.
About 100 anti-ICE protesters gathered Sunday in the shooting’s aftermath.
Associated Press journalist Russ Bynum in Savannah, Georgia, contributed.
Flowers and candles are placed, Monday, Sept. 21, 2026, near the site where an ICE officer shot a Venezuelan man during a traffic stop the day before, in Austin, Texas. (AP Photo/Jesse Bedayn)
People protest where local authorities say a U.S. Immigration and Customs Enforcement officer (ICE) shot and wounded a man in Austin, Texas, Sunday, Sept. 20, 2026. (AP Photo/Joel Angel Juarez)
Flowers and candles are placed, Monday, Sept. 21, 2026, near the site where an ICE officer shot a Venezuelan man during a traffic stop the day before, in Austin, Texas. (AP Photo/Jesse Bedayn)
