Civil rights groups demand non-deportation for Venezuelan shot by ICE in Austin amid use of force probe

A shooting involving U.S. Immigration and Customs Enforcement (ICE) agents in Austin has ignited a contentious debate, as a prominent Hispanic civil rights organization vehemently calls for a Venezuelan immigrant, injured during the incident, not to be deported. The individual, identified as Wilber Rafael Garces Perez, remains hospitalized in stable but serious condition following the encounter that has drawn widespread criticism and prompted demands for an independent investigation into the officers’ conduct.

The League of United Latin American Citizens (LULAC), one of the nation’s largest advocacy groups for Hispanic rights, issued a strong statement on Monday afternoon, arguing that Garces Perez is a crucial witness in the inquiry concerning the agents’ use of force. This stance directly challenges federal authorities, who have confirmed Garces Perez is an undocumented immigrant facing a final order of removal.

Details of the Austin incident and pursuit

The sequence of events leading to the shooting unfolded during a traffic stop involving ICE agents. According to Kate Lincoln-Goldfinch, legal counsel for Garces Perez and his wife, her client was working as a DoorDash delivery driver when his vehicle was allegedly sideswiped by an unmarked black truck. Unaware that the vehicle was operated by federal agents, Garces Perez reportedly executed a U-turn beneath a highway in an attempt to evade what he perceived as a collision or threat, prompting a continued pursuit by the agents.

Lincoln-Goldfinch detailed a harrowing chase where the truck purportedly sideswiped Garces Perez’s vehicle a second time. She asserted that agents then emerged from their vehicle, shot Garces Perez in the back of the neck, and subsequently pulled him from his car. The attorney’s account paints a picture of aggressive enforcement tactics, raising serious questions about the necessity and proportionality of the force employed during the operation.

Civil rights group demands non-deportation for key witness

LULAC has positioned itself firmly against any attempts to deport Garces Perez, emphasizing his indispensable role in shedding light on the incident. Juan Peruano, CEO of LULAC, articulated the group’s position, stating that “Wilber is a victim of the shooting and the most important witness to it.” He further stressed the illogical nature of deporting a primary witness in an investigation scrutinizing the actions of the very officers involved, highlighting a core concern about accountability within federal immigration agencies.

The organization’s call has resonated with local officials and community activists in Austin, who have also pressed for an independent inquiry into the shooting. This collective demand underscores a broader public desire for transparency and impartial oversight, especially in cases involving federal agents’ use of force against civilians, particularly those from vulnerable immigrant communities. The outcome of this debate could set a precedent for future cases involving similar circumstances.

Attorney alleges excessive force and inadequate medical care

Garces Perez’s attorney has brought forward several grave allegations concerning both the shooting itself and the subsequent treatment of her client. Her claims suggest a pattern of misconduct and negligence on the part of the federal agents involved. Key points of her assertions include:

• Garces Perez was shot in the back of the neck without justification during a traffic stop.
• He did not receive adequate medical attention immediately following the shooting, with the bullet remaining lodged in his back hours later.
• He was allegedly denied pain medication despite his severe injury.
• Following hospitalization, he was transferred to an ICE processing center, where he reportedly spent the night without a bed.

These allegations have fueled broader criticism of ICE’s operational protocols and training. Lincoln-Goldfinch specifically condemned ICE’s approach to traffic stops, characterizing its officers as “over armed, overpaid, under trained and violent,” and asserting they lack the necessary skills to safely conduct such operations. She also openly questioned the veracity of federal agents’ statements, citing a history of alleged misinformation from ICE and the Department of Homeland Security (DHS) regarding similar incidents.

Federal authorities confirm immigrant status and removal order

In contrast to the claims made by Garces Perez’s legal team and civil rights advocates, federal authorities have provided a different narrative. Sources within the Department of Homeland Security confirmed that Wilber Rafael Garces Perez is indeed an undocumented immigrant from Venezuela. They stated that he illegally entered the United States during the Biden administration and was subject to a final order of removal.

DHS officials further elaborated that Garces Perez was shot during a legitimate law enforcement operation. The agency released a brief statement confirming his stable condition and his continued federal custody, pending his removal from the country. This official stance emphasizes the enforcement aspect of the incident, framing it within the context of immigration law and national security. The conflicting accounts highlight the deep divide between immigration enforcement agencies and advocates for immigrant rights, underscoring the complexities and sensitivities surrounding such incidents in the current political climate.