Wilber Rafael Garcés Pérez, a 28-year-old Venezuelan asylum seeker and DoorDash driver, was shot by a U.S. Immigration and Customs Enforcement officer during a traffic stop in Austin, Texas, and is now being held at an immigration detention center with a bullet still lodged near his spine, according to his attorney and local reports.

Officers then exited the unmarked vehicle and opened fire, striking Garcés Pérez in the back of the neck near his clavicle before pulling him from the car. A social media video verified by NBC News captures the sound of screeching tires and a person approaching a damaged blue sedan before at least three gunshots ring out as the car moves slowly forward.

Medical Treatment and Detention After the Shooting

Following the shooting, Garcés Pérez was transported to a local hospital. However, doctors did not remove the bullet because it was lodged dangerously close to his spine, according to his statements during a Monday news conference reported by NBC News.

Lincoln-Goldfinch stated that ICE pushed for the hospital to discharge Garcés Pérez quickly so he could be moved into federal custody. He was released into ICE custody later Sunday—within approximately four hours of entering the hospital—with the projectile still in his back.

By 4 a.m. Monday, Garcés Pérez had been transferred 130 miles southwest of Austin to the South Texas ICE Processing Center in Pearsall, Texas. Speaking by phone in Spanish with staff translation during the news conference, Garcés Pérez described his conditions in detention.

He reported sleeping on the floor in a cold room and receiving no pain medication until a nurse gave him an unknown pill on Monday morning.

Legal Status and Immigration History

According to his attorney, Garcés Pérez entered the United States legally in 2024 using the CBP One application process and was actively pursuing an asylum claim with a valid work permit. Lincoln-Goldfinch explained that an immigration judge issued a deportation order in absentia after Garcés Pérez missed a court hearing because the notice was mailed to a former address, despite him updating his information with the court.

A senior administration official told NBC News that Garcés Pérez had no criminal history other than being in the country without legal status. The Department of Homeland Security stated that he was in federal custody pending removal from the country, noting he had a final order of removal.

Lawmakers and civil rights advocates condemned the rapid transfer of an injured individual out of medical care. Juan Proaño, CEO of the League of United Latin American Citizens, criticized the action during the Monday news conference.

Wilber is a victim of the shooting and the most important witness to it. You do not deport the key witness to your own officer’s use of force.

Broader Enforcement Context and Local Demands

The shooting takes place against the backdrop of an increased federal immigration enforcement. During the summer months, ICE reported more than 50,000 monthly arrests in both July and August—a first for the agency during the second term of President Donald Trump, who also ended the CBP One appointment program on his first day in office. Federal immigration officers have faced growing public scrutiny following a series of shootings during operations this year, which have left at least four people fatally shot.

During the Monday news conference, LULAC leaders, local advocates, and Democratic U.S. Representatives including Austin-area lawmaker Rep. Greg Casar demanded Garcés Pérez’s immediate release to proper medical facilities. Lawmakers and civil rights advocates called for the establishment of an independent body to review ICE use-of-force incidents and referred to the operation as an attempt to remove a primary witness.

Advocates additionally urged Congress to prohibit immigration officers from conducting traffic stops, arguing that personnel are insufficiently trained for roadside enforcement operations. The Department of Homeland Security has not released details explaining what prompted the initial stop or the subsequent gunfire.