NATIONAL NEWS

Man shot by ICE in Texas is back in detention after leaving hospital, attorney says

Sep 22, 2026, 12:48 PM

Demonstrators gather in response to the shooting of Wilber Rafael Garces Perez, a Venezuelan man wh...

Demonstrators gather in response to the shooting of Wilber Rafael Garces Perez, a Venezuelan man who was shot in his vehicle by an ICE officer the previous day in Austin, Texas, Monday, Sept. 21, 2026. (AP Photo/Joel Angel Juarez)
Credit: AP Photo/Joel Angel Juarez

(AP Photo/Joel Angel Juarez)

AUSTIN, Texas (AP) — A Venezuelan man shot by a U.S. Immigration and Customs Enforcement officer in Texas was back in a federal detention center Tuesday after being taken to a hospital for a second time with a bullet still lodged in his back, according to his attorney.

A federal judge also ordered Wilber Rafael Garces Perez, who was shot Sunday in Austin, to appear in court next week following a lawsuit that sought to stop his removal from the U.S.

Kate Lincoln-Goldfinch, Perez’s attorney, said in a video posted to social media Tuesday that the 28-year-old man was “still in a lot of pain.”

Perez was being held at a federal detention facility in the remote South Texas town of Pearsall, according to Texas Democratic U.S. Rep. Joaquin Castro, who has joined others in his party in sharply criticizing the shooting that occurred amid a surge in ICE enforcement during President Donald Trump’s second term. The violent encounter has also sparked protests in Austin, including a gathering outside the Texas Capitol on Monday night.

Perez was making a DoorDash delivery Sunday afternoon when ICE officers in an unmarked truck sideswiped his car twice, Lincoln-Goldfinch has said. He was shot and taken to a hospital, then released into ICE custody with a bullet still in his back. Perez went back to the hospital Monday evening after complaining of pain and was taken back into ICE custody around midnight, Lincoln-Goldfinch said.

Court filings from Perez’s lawyers indicated he was forced to sleep on a cement floor at an ICE temporary processing center, and then at 4 a.m. Monday, ICE transferred him to the Pearsall facility. A temporary restraining order from his attorneys said he was also subject to interrogation without legal representation present.

Lincoln-Goldfinch wrote on social media that he was taken back to the hospital around 5 p.m. Monday after he began experiencing a loss of sensation in his arm.

The Department of Homeland Security, which oversees ICE, did not immediately respond to email messages Tuesday. The agency 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.”

On Tuesday, the department responded on social media to a video of Texas Democratic U.S. Rep. Greg Casar saying Austin will be safer once ICE leaves, calling it a “ludicrous statement.”

“No amount of smears and false narratives will slow down ICE from doing its job by removing dangerous illegal aliens from our communities,” the agency posted.

On Monday, Perez called into a news conference and told reporters he had received no pain medication and slept on the floor.

Castro posted on social media that he planned to visit Perez on Wednesday to “check on his condition and demand his release.”

In response to the lawsuit, U.S. District Judge Orlando Garcia ordered Perez to appear in person at a hearing Sept. 30 in San Antonio.

___

Wilder is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

Please follow our Community Guidelines

National News

Democratic U.S. Senate candidate Texas state Rep. James Talarico talks with volunteers at a food dr...

Associated Press

Talarico works to reach Black voters in his bid to win a US Senate seat as a Democrat in Texas

HOUSTON (AP) — Juli McShay had a few pointed questions for James Talarico, the Democratic nominee for the U.S. Senate in Texas, when she stood up during a town hall in Houston. Black audiences like this one are key to Talarico’s effort to defeat Republican state Attorney General Ken Paxton and become the first Democrat […]

1 minute ago

President Donald Trump signs a security agreement with Denmark's Prime Minister Mette Frederiksen a...

Associated Press

What to know about the agreement signed by President Trump and the leaders of Denmark and Greenland

U.S. President Donald Trump and the leaders of Denmark and Greenland signed an agreement about the status of the Arctic island after months of threats by Trump to seize the semiautonomous territory of a NATO ally. The deal was officially signed Tuesday in New York, after U.S., Greenlandic and Danish officials had quietly negotiated for […]

22 minutes ago

Asunta Washington, 38, poses for a photo in New Braunfels, Texas, Wednesday, Sept. 16, 2026. (AP Ph...

Associated Press

Takeaways: What a new AP-KFF survey reveals about rural American voters

WASHINGTON (AP) — A new poll from The Associated Press in partnership with KFF finds that about half of rural American voters believe the economy is worse off now than when President Donald Trump returned to office, pointing to economic frustration among a key group that has backed Trump and other Republicans in recent elections. […]

53 minutes ago

Ed Westrick, 59, adjusts a roof on a small building at his rural home near Commerce, Texas, Friday,...

Associated Press

Economic frustration tests Trump’s standing with rural voters, new AP-KFF poll finds

WASHINGTON (AP) — About half of rural American voters believe the economy is worse off now than when President Donald Trump returned to office, according to a new survey that points to economic frustration among a key group that has backed Trump and other Republicans in recent elections. The Associated Press, in partnership with KFF, […]

1 hour ago

Sen. Bernie Sanders, I-Vt., walks onto the stage during a Get Out the Vote campaign event supportin...

Associated Press

Sen. Bernie Sanders unveils bill to ban artificial superintelligence and create Department of AI

Washington (AP) — Two leading progressive lawmakers, Sen. Bernie Sanders and Rep. Greg Casar, are unveiling legislation Wednesday that would ban artificial superintelligence and create a federal agency to oversee advanced AI as some of the industry’s own leaders urge Congress to impose guardrails on the advancing technology. The bill, provided first to The Associated […]

2 hours ago

Deoujahne Darc performs during Skid Row's first annual talent show in downtown Los Angeles, Saturda...

Associated Press

At a talent show on Los Angeles’ Skid Row, the performers are all part of the homeless community

LOS ANGELES (AP) — Wearing shiny heels, a thrifted dress and a red rose in her hair, Deoujahne Darc belted out an original song on a small, makeshift stage in the heart of Los Angeles’ Skid Row. “I saw the Lord in the face of a homeless man,” she sang, as the crowd swayed along. […]

3 hours ago

Man shot by ICE in Texas is back in detention after leaving hospital, attorney says