Congressman Greg Casar has called for the immediate release of Wilber Rafael Garces Perez from immigration detention after visiting the Venezuelan man, who was shot by an Immigration and Customs Enforcement (ICE) agent in Austin.
Mr Perez, 28, was taken into federal custody after the shooting in North Austin on Sunday, 20 September. He remains in hospital with a bullet lodged near his spine, according to his immigration attorney.
Venezuelan man shot by ICE agent needs surgery, says congressman
Mr Casar said a specialist had told Mr Perez that surgery was needed to remove the bullet. The congressman said he was concerned that his client had been returned to detention before receiving adequate treatment.
“My message to ICE is very clear, let Wilber out of detention and release him to his doctors,” Mr Casar said after the visit.
He alleged that Mr Perez had spent time at the South Texas ICE Processing Centre in Pearsall without a bed and had not received stronger pain relief until shortly before the visit.
Mr Perez’s account, relayed by his lawyer Kate Lincoln-Goldfinch, is that he was working as a DoorDash driver when an unmarked vehicle sideswiped his car. He said he did not know the occupants were ICE agents, and that he was shot in the back of the neck after making a U-turn.
ICE has disputed aspects of that account, saying there was a foot chase during the operation. The Department of Homeland Security has described Mr Perez as an unauthorised migrant from Venezuela with a final order of removal.
The circumstances leading up to the shooting remain unclear. Austin police said the incident followed a vehicle stop and confirmed that local officers were not involved in the shooting.
Emergency crews were called to the 8000 block of Anderson Square at about 12.56pm. Paramedics arrived within roughly three and a half minutes and took Mr Perez to a trauma centre in serious but stable condition.
Mr Casar has questioned why Mr Perez was discharged from hospital after only a few hours and transferred to ICE custody while the bullet remained in his body. The congressman also said the injured man should be allowed to speak directly to investigators and the courts about what happened.
More than 100 members of Congress have joined Mr Casar in calling for Mr Perez to be released for medical treatment and for any deportation efforts to be halted. They have also demanded the preservation and release of evidence, including body-camera footage, and an independent investigation.
Homeland Security Investigations, with assistance from the FBI, is leading the federal inquiry. Austin police and the Texas Rangers are also expected to investigate, while the Travis County district attorney has requested access to the evidence.
DHS rejected Mr Casar’s account of the detention conditions, describing his claims as a “shameless fabrication”. The department said Mr Perez had been provided with medication and a bed, and that medical decisions were the responsibility of hospital staff.
Ascension Seton, which treated Mr Perez, said its procedures for dealing with law-enforcement agencies had been followed and were the same for federal, state and local authorities.
A federal judge has issued an emergency order blocking Mr Perez’s removal from the United States. His next court hearing is scheduled to take place in San Antonio next week.
