Secretary of Homeland Security Kristi Noem, not shown, visits with U.S. Immigration and Customs Enforcement officers at the ICE facility in Chicago to observe enforcement operations, Oct. 3, 2025. (DHS photo by Tia Dufour)
The Department of Homeland Security is pushing back against claims surrounding an ICE shooting in Austin, saying the Venezuelan man wounded during the September 20 encounter had no legal status, an expired work permit, and a final order of removal.
DHS Secretary Markwayne Mullin accused "sanctuary politicians and the mainstream media" of spreading what he called false narratives about the shooting of the man, identified by his attorney as 28-year-old Wilber Rafael Garces Perez.
The department disputed claims that ICE refused to allow a bullet to be removed, denied Perez pain medication, or forced him to sleep on a detention-center floor. DHS said medical decisions are made by medical professionals, that Perez received around-the-clock care including pain medication, and that he slept on a bed after arriving at an ICE detention facility.
“Contrary to their claims, this person is an illegal alien who has no legal status to be here and has been given some of the best medical care he’s ever received in his life," said Mullin. "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."
DHS also said Perez's work permit expired in 2025 and argued that a work permit does not itself provide legal status. The department said he entered the U.S. illegally under the Biden administration and had a final removal order issued by an immigration judge.
The circumstances surrounding the shooting remain disputed. DHS described the incident as a targeted vehicle stop and said Perez attempted to evade arrest. Reuters reported that Perez's attorney said he was working as a DoorDash driver when ICE agents allegedly sideswiped his vehicle and shot him while he remained inside.
Austin police, meanwhile, reported that Perez fled on foot.
Perez was initially hospitalized and later transferred to ICE custody. His attorney has since said he returned to a hospital for treatment after experiencing paralysis on his left side.
DHS said ICE will continue operating in Austin and argued that federal immigration authorities are responsible for enforcing federal immigration laws.
Mullin said the administration would remain focused on removing what DHS described as dangerous people from communities.
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