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US Judge Halts Deportation of DoorDash Driver Shot by ICE

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A federal judge temporarily blocked the removal of Wilber Rafael Garces Perez, a Venezuelan delivery driver shot by an ICE officer in Texas.

A federal judge in Texas has temporarily stopped the deportation of a Venezuelan delivery driver who was shot by an immigration officer, according to his attorney. The order keeps 28-year-old Wilber Rafael Garces Perez in the country while a court reviews his case.

Garces Perez was struck during the incident and is now being held at a detention centre with a bullet still lodged in his back, his lawyer says. Judge Orlando Garcia, appointed under President Bill Clinton, has set a hearing that requires Garces Perez to attend court in person on 30 September. Because that appearance is mandatory, he cannot be removed from the United States before that date.

His immigration attorney, Kate Lincoln-Goldfinch, filed a federal lawsuit seeking a temporary restraining order to halt his removal. On social media, she described the ruling as securing a short-term block on the deportation while proceedings continue. She said the fight was far from finished and that her client still required proper medical treatment.

According to Lincoln-Goldfinch, the bullet fractured Garces Perez's collarbone. He is now wearing a sling and dealing with heavy swelling and pain. She added that doctors have not yet established what caused the reduced movement he has experienced, or how lasting it might be.

The shooting took place on Sunday, after which Garces Perez was moved from a hospital into detention. His lawyer said he was returned to a hospital on Monday evening after he became unable to move his arm inside the facility. He was treated a second time and then sent back to the detention centre.

DHS defends its officers

The Department of Homeland Security rejected criticism of how the case was handled. In a statement, it described Garces Perez only as an "illegal alien" and said he had been stopped in what it called a targeted vehicle stop. The agency disputed claims that he had received poor medical attention.

On Tuesday, DHS went further, accusing sanctuary cities and news outlets of circulating what it labelled "false narratives" and of encouraging people to resist or flee from officers. DHS Secretary Markwayne Mullin said the man had received some of the finest medical care of his life and insisted he held no legal right to remain in the country. The department, which did not release the man's name, said his work permit had lapsed the previous year.

"No amount of smears and false narratives will slow down ICE from doing its job by removing dangerous illegal aliens from our communities and making America safe again," Mullin said.

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

Footage from the scene

The Austin Police Department, which played no part in the operation, released dashcam and body-worn camera recordings on Tuesday. The footage does not capture the moment of the shooting. In one dashcam clip, several gunshots can be heard. Another shows officers moving toward Garces Perez's vehicle and taking him into custody. At one point his t-shirt is cut open, exposing what looks like a single gunshot wound in his back.

The episode follows another fatal encounter earlier this year, when an ICE officer shot and killed a man in Houston.

ICE shooting Texas, Wilber Rafael Garces Perez, DoorDash driver ICE, deportation blocked, Venezuelan immigrant detention, DHS Markwayne Mullin, immigration lawsuit Texas, Kate Lincoln-Goldfinch

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