Man shot by ICE being detained with bullet still in his back, lawyer says

A Venezuelan man who was shot by an immigration officer while delivering a DoorDash order in Austin, Texas, was transferred from the hospital to a detention center with a bullet still in his back, his lawyer said Monday.

Wilber Rafael Garces Perez was shot in the back by an Immigration and Customs Enforcement officer after the officer sideswiped the 28-year-old's car early Sunday afternoon, attorney Kate Lincoln-Goldfinch told reporters at a Monday news conference. Garces Perez was then taken to the hospital, and his family was notified four hours later that he had been taken to the South Texas Processing Center in Pearsall, Texas, approximately a two-hour drive away from Austin, Lincoln-Goldfinch said.

Garces Perez spoke by phone during the news conference, saying in Spanish that he was in a lot of pain. He explained that the bullet wasn't removed because it was lodged close to his spine.

"I am not doing well, and I am not receiving the medical attention that I require," Garces Perez said, adding that he's being held in a cold room with no bed.

Lincoln-Goldfinch said her client also doesn't have access to pain medication at the detention center.

Multiple law enforcement sources told CBS News the ICE officer who allegedly opened fire at Garces Perez has been placed on administrative leave, which is standard for officers involved in pending investigations.

A Department of Homeland Security spokesperson said in a statement late Sunday that Homeland Security Investigations, which is a part of ICE, is leading the investigation into the shooting with the assistance of the FBI. The spokesperson said Garces Perez illegally entered the United States under the Biden administration and had a final order of removal.

"This is a developing situation, and we will update the public when more information becomes available," the spokesperson said.

Lincoln-Goldfinch said Monday that Garces Perez entered the U.S. from Venezuela in 2024 using the Biden-era CBP One app, which allowed more than 900,000 migrants from countries across the globe who were seeking asylum to enter the U.S. at official ports along the southern border after booking appointments.

Garces Perez had a work permit and was seeking asylum, but he had received a deportation order in absentia after missing a court hearing because the notice was sent to his old address, his lawyer said.

DHS has also terminated the parole status of those processed under the CBP One app last year and urged them to leave "immediately." In April , a federal judge in Boston ordered the Trump administration to restore their legal status, but DHS argued the president has the authority "to determine who remains in this country."

U.S. Rep. Greg Casar, a Democrat who represents parts of Austin, said Garces Perez has no criminal record and condemned ICE's presence in the city. Immigration arrests of those without criminal records reached a record high in July, according to federal data .

"The vast majority of people being pulled over have zero criminal records," Casar said Monday at the news conference.