Congressmen Joaquin Castro and Greg Casar plan to visit a Venezuelan delivery driver shot by an ICE officer in Austin as he recovers at a Pearsall detention facility.
PEARSALL, Texas - Congressmen Joaquin Castro and Greg Casar gave an update on the condition of Wilber Rafael Garces Perez, the 28-year-old Venezuelan man shot by ICE agents Sunday afternoon.
Castro and Casar were at the detention facility in Pearsall where they visited Perez. Since the shooting, we've heard both congressmen raise concerns about how quickly he was taken to the detention facility after being shot. They have since demanded immediate medical attention for Perez, along with the release of body camera footage from ICE showing the moments leading to the gunfire.
I can tell you all that today he finally got a chance to see a specialist, and the specialist told Wilbur that in his opinion, he needs surgery to remove this bullet that is still lodged within his body,” said Casar.
Perez's immigration attorney has claimed several times that he is in the United States legally, saying he missed a court date after his notice to appear was sent to the wrong address.
In social media post Perez's attorney also says he's in urgent need of medical attention, saying the bullet is still in his body, and his health is getting worse. She also says he's lost his communication privileges and that his wife is now speaking to him through another detainee.
Casar said he traveled to the South Texas ICE Processing Center specifically to check on Garces Perez's medical condition. He said the decision on whether to undergo surgery will be up to Garces Perez and his family, but called on ICE to ensure there are no delays if they decide to move forward with the procedure.
During the welfare check, Casar said Garces Perez was in a wheelchair with one arm in a sling and remained in significant pain. Casar said Garces Perez received an injection of stronger pain medication about an hour before the congressman's visit and told him it provided some relief.
Casar said he also observed a large bandaged wound on Garces Perez's back and significant bruising across his chest. Medical staff at the detention center told Casar the wound was being cleaned two to three times a day.
When asked about concerns over Garces Perez losing mobility, Casar said he was moving somewhat but remained in a wheelchair.
"He was in a wheelchair with a sling on this arm. Major bruising across his chest. The bullet wound," Casar said, describing Garces Perez as being in "really rough physical shape."
Casar said Garces Perez attributed some of his difficulty moving to the severity of his pain. Despite his physical condition, Casar said Garces Perez wanted his wife and family to know his spirits remained strong.
Garces Perez was taken to a hospital after Sunday's shooting before being transferred into ICE custody. Casar said Garces Perez told him Wednesday that he spent less than four hours at the hospital and was taken to a processing facility while still wearing his hospital gown. Garces Perez told Casar he did not have a bed that first night and was in intense pain.
Casar called for Garces Perez to be released from detention to receive medical care outside the facility.
"Let Wilbur out of detention and release him to his doctors and to his care," Casar said. "We're also asking for transparency. Why was he taken out of the hospital? Basically, three hours after he was admitted."
The Department of Homeland Security has disputed claims that Garces Perez has not received adequate medical treatment, saying he has received around-the-clock medical care, including pain medication. DHS has also said ICE does not make decisions about whether a bullet should be surgically removed.
Casar said Wednesday's visit was focused on Garces Perez's medical condition rather than questioning him about the circumstances surrounding the shooting.
When asked about video released Tuesday by Austin police showing events before and after the shooting, Casar said Garces Perez should give his detailed account directly to investigators.
"The purpose of my conversation with his medical check was to make sure that he isn't the next person that dies in ICE custody," Casar said.
Casar also called on federal authorities to provide local and state investigators access to evidence and witnesses in the case. He said his understanding is that some witness interviews could take place Thursday.
Austin police released video Tuesday showing ICE agents interacting with Garces Perez while he was inside his blue vehicle before what APD described as a vehicle pursuit through nearby neighborhoods. Three gunshots can later be heard in video recorded by an off-duty APD detective, but none of the footage released by APD shows the shooting itself.
Garces Perez is originally from Venezuela and had been living in Austin. His attorneys say he entered the United States through the CBP One process in 2024 and applied for asylum after being allowed into the country. He later received a work permit and settled in Austin.
His attorney said Garces Perez updated his address with immigration court, but a notice for a hearing was sent to his previous address. He missed the hearing, and an immigration judge subsequently issued a removal order in his absence. DHS has said Garces Perez had a final order of removal and that his work authorization expired in 2025.
Garces Perez was shot Sunday near Research Boulevard and Anderson Square. APD's Special Investigations Unit and the Texas Rangers are investigating the shooting.
A federal judge has ordered Garces Perez to appear in person for a Sept. 30 hearing in San Antonio as his attorneys seek to block his removal and secure his release from federal custody.
Garcés Pérez was working as a DoorDash delivery driver in Austin when he was shot. His attorney has said he was seeking asylum in the United States.
Castro called for an investigation into the shooting, criticizing the agency’s credibility.
“ICE has become an abusive, rogue organization,” Castro said. “They said that Homeland Security was going to do a joint investigation with the FBI. Homeland Security, at this point, has zero credibility.”
According to an NBC News report, the ICE officer involved in the shooting had been assigned a body-worn camera but was not wearing it at the time.
A federal judge has blocked Garcés Pérez from being deported. His next federal court hearing is set for Sept. 30 in San Antonio.
