Venezuelan Shot by ICE May Need Surgery as Deportation Case Continues

Wilber Rafael Garcés Pérez still has a bullet lodged near his spine. His medical treatment and legal fight over deportation are now proceeding at the same time.

A specialist recommended that Wilber Rafael Garcés Pérez, the 28-year-old Venezuelan shot by an ICE officer in Austin, undergo surgery, according to EFE, citing Congressman Greg Casar. The procedure would remove the bullet that remains lodged near his spine.

• Why it matters: Garcés remains in ICE custody while facing possible surgery and a legal battle that has temporarily prevented his deportation ahead of a September 30 hearing.

Garcés Remains Detained With Bullet Lodged Near His Spine

Casar visited Wilber Rafael Garcés Pérez on Wednesday at the South Texas ICE Processing Center in Pearsall and later publicly described what he observed.

According to the congressman, Garcés was in a wheelchair, had his left arm in a sling, and had the gunshot wound covered.

Casar said Garcés described persistent pain. He also said a specialist examined the detainee and recommended surgically removing the bullet.

• The fact: It has not been reported that the operation has been scheduled or performed. The medical recommendation was disclosed by Casar after his visit.

The congressman said that if Garcés and his wife decide to proceed with the surgery, ICE should facilitate the treatment promptly.

Hospital Discharge Raises Questions About Wilber Rafael Garcés Pérez’s Medical Care

Garcés was shot on Sunday, September 20, and transported by emergency services to an Austin hospital.

According to EFE and other reports, he was discharged about four hours later and transferred into federal custody with the bullet still lodged near his spine. He was later taken to the ICE detention center in Pearsall.

His attorneys and Democratic lawmakers have questioned whether he has received adequate medical care. More than 100 members of Congress have called for his release so he can receive treatment.

• The demand: Lawmakers also called for Wilber Rafael Garcés Pérez’s deportation to be halted, evidence from the shooting to be preserved, and an independent investigation into the use of force.

DHS has rejected criticism of the medical care provided, saying Garcés has received ongoing treatment and pain medication.

Medical experts cited by U.S. media have also noted that a lodged bullet is not always removed immediately because the decision depends on its location and the risks of surgery.

Judge Prevents Deportation Before September 30 Hearing

Attorney Kate Lincoln-Goldfinch filed a federal lawsuit seeking Wilber Rafael Garcés Pérez’s’ release and an order preventing his removal from the United States.

Federal Judge Orlando García ordered Garcés to appear in person at a hearing scheduled for September 30 in San Antonio. The order effectively prevents immigration authorities from deporting him before that hearing.

• The dispute: Garcés has a final removal order issued after he missed an immigration hearing. His attorney says the notice was sent to an outdated address.

According to his family and attorney, the Venezuelan entered the United States in 2024 through CBP One and later applied for asylum.

The next key date is the September 30 hearing. In the meantime, both his immigration case and the decision over whether to proceed with surgery remain unresolved.

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SOURCE: EFE/Texas Tribune/Greg Casar