US judge blocks deportation of DoorDash driver shot by ICE

A US judge has temporarily blocked the deportation of a Venezuelan man who was shot by immigration agents in Texas, his lawyer says.

Wilber Rafael Garces Perez, 28, is being held in a detention centre with a bullet in his back, according to his lawyer. Judge Orlando Garcia, a Clinton appointee, scheduled a hearing for Garces Perez to appear in court in person next week.

The Department of Homeland Security (DHS) said in a statement that an "illegal alien" had been the subject of a targeted vehicle stop but pushed back against suggestions he had been given inadequate medical care.

The incident comes months after a US Immigration and Customs Enforcement (ICE) officer fatally shot a man in Houston.

Texas ICE shooting leaves Venezuelan DoorDash driver with bullet in his back, says lawyer

Garces Perez's immigration lawyer, Kate Lincoln-Goldfinch, has filed a federal lawsuit for a temporary restraining order to prevent his removal from the country.

Since the judge ordered that her client appear in person on 30 September, he cannot be deported before then, she said.

"For now, we have secured a temporary block on his deportation while his case moves forward," Lincoln-Goldfinch wrote on social media.

"This is an important step, but our work is not over," she wrote. "Wilber still needs appropriate medical care, and we will continue fighting to protect his rights."

The gunshot fractured his clavicle and he is wearing a sling while having "significant swelling and pain," Lincoln-Goldfinch said.

The cause or extent of the loss of movement he experienced has not yet been determined, she said.

A spokesperson for US Attorney's Office in Texas declined to comment on the case.

On Tuesday, DHS pushed back against what it called "false narratives" surrounding what had happened, blaming sanctuary cities and media for "spreading lies" and discouraging people from resisting officers and evading arrest.

"Contrary to their claims, this person is an illegal alien who has no legal status to be here and has been given some of the best medical care he's ever received in his life," said DHS Secretary Markwayne Mullin in a statement to the BBC.