Austin man shot by ICE officer remains in pain ahead of San Antonio hearing

Wilber Rafael Garces Perez, 28, is set to appear before a federal judge in San Antonio on Wednesday as his attorneys seek his release from detention at the South Texas ICE Processing Center in Pearsall. The Austin resident was shot in the back by an Immigration and Customs Enforcement officer during a police pursuit on Sept. 20 and was later discharged from an Austin hospital.

Garces Perez continues to experience significant pain, a bullet remains lodged in his back, and he suffers a fractured clavicle and limited mobility, according to his immigration lawyer, Kate Lincoln-Goldfinch. She warned that without surgery the injuries could lead to infection and permanent damage.

"He is in considerable pain and still has a bullet in his body," Lincoln-Goldfinch said after a video call with Garces Perez on Sunday, noting that rumors of his death circulating online were false.

A representative for Rep. Joaquin Castro confirmed the man's condition on Monday evening. A federal judge has scheduled a habeas hearing for Sept. 30 and ordered Garces Perez to appear.

The shooting and his continued detention have sparked protests, with about 160 people gathering at the North Austin site of the incident and additional demonstrations outside the Pearsall detention center. Lincoln-Goldfinch asked supporters to avoid gathering at the courthouse during the hearing, emphasizing the need for decorum while welcoming peaceful vigils elsewhere.

Garces Perez was working as a DoorDash driver when ICE agents pursued him. Police video shows a vehicle chase before the officer fired. While Garces Perez says he was looking for a safe place to pull over, the Department of Homeland Security says he attempted to evade arrest. ICE has disputed claims that he has not received adequate medical care after the shooting.