The lawyer representing the man who was shot in Austin, Texas by an Immigration and Customs Enforcement (ICE) agent has shared new details about her client, saying he “still has the bullet lodged in his body,” and has “received no pain medication and had to sleep on the floor.” Wilber Rafael Garces Perez, a 28-year-old Venezuelan national, is being held by ICE at Pearsall.
Attorney Kate Lincoln-Goldfinch, who is representing Perez, said that he entered the US legally and has a valid work permit. However, a law enforcement source previously told NBC News that Perez was in the US illegally and had a final order of removal.
“Wilber has a son with a disability; the boy is here in Venezuela and needs his father. The boy undergoes tests and therapies, which generate expenses, and it is his father who covers those costs,” she wrote on X.
Deep Dive
What happened during the incident involving Wilber Rafael Garces Perez and the ICE agents?
Why is Wilber Rafael Garces Perez being held by ICE after being shot?
How did the lawyer try to find out Wilber Rafael Garces Perez's condition after the shooting?
Lincoln-Goldfinch said that Perez lives in Austin and is a DoorDash driver who was in the middle of a delivery when he was shot. A company spokesperson confirmed that Perez was making a delivery at the time, adding that DoorDash is investigating and would not release more information “at this time.”
Also Read | Who is Wilber Rafael Garces Perez? Austin ICE shooting victim identified as 28-year-old Venezuelan national
{{/usCountry}}Also Read | Who is Wilber Rafael Garces Perez? Austin ICE shooting victim identified as 28-year-old Venezuelan national
{{/usCountry}}“Venezuelans are a beloved part of our community here in Austin and we will not stand by while ICE targets them indiscriminately. Wilber entered lawfully through a probation program seeking asylum and has a valid work permit,” Lincoln-Goldfinch wrote.
“And guess what? Even if he weren’t, the Constitution is clear that you can’t get shot in the back just because an ICE agent wants to. MAGA can cry about that all they want,” she added.
How did Wilber Rafael Garces Perez enter the US?
In one post, Lincoln-Goldfinch shared more details about how Perez entered the United States.
“Wilber entered through CBPOne seeking asylum. He was inspected and entered lawfully through a port of entry. He was issued a valid work permit,” she wrote.
Lincoln-Goldfinch added, “The issue regarding the deportation order is that he moved and changed addresses. There was a notice for a hearing sent to the wrong address that he missed, which is VERY common. We are working on that. He will be released from detention, his immigration matter will be resolved, and the agencies will be held accountable.”
Lincoln-Goldfinch explained that her client was issued a deportation order in absentia because “the immigration court sent a notice for a hearing to an OLD address.”
Providing details about the shooting, Lincoln-Goldfinch revealed that Perez was shot in the back. The bullet is still lodged in his body because doctors did not try to remove it as it is “close to his spine.”
“Wilber confirmed there was no foot chase. ICE was aggressively pursuing him before ramming his vehicle. They started firing into the back of the car once it had come to a stop,” she wrote.
Lincoln-Goldfinch also slammed MAGA after the shooting, saying, “MAGA’s opinions are irrelevant to the case and to me. They’re rife with propaganda, prejudice, and misinformation. I simply do not care what you all have to say, and neither does ANY reasonable Constitution honoring American.”