A shooting involving a federal immigration officer in North Austin is drawing fresh attention after reports said the agent was not wearing a body camera during the incident.
The case involves Wilber Rafael Garces Perez, a Venezuelan man who was injured during an encounter with officers on Sunday. Reports from several national media organizations stated that the immigration agent who fired the shot was not using an agency-issued body camera at the time.
The reports cited sources familiar with the matter. Officials have not publicly explained why the camera was not being worn during the incident.
The development has raised concerns because federal officials recently announced plans to expand body camera use among immigration officers across the United States. The policy was introduced after several shootings and use-of-force events that increased calls for more transparency.
According to reports, another immigration officer in the same vehicle was wearing a body camera. However, the footage from that device did not record the exact moment when the shooting occurred.
As a result, investigators and legal representatives may have limited video evidence showing what happened during the encounter.
The shooting has now become the subject of legal action.
U.S. District Judge Orlando Garcia issued an emergency order that temporarily blocks the deportation of Garces Perez. The ruling allows him to remain in the United States while court proceedings move forward.
Judge Garcia also ordered that Garces Perez must attend the first hearing connected to the case. The hearing is scheduled for Sept. 30.
The court decision came as new information emerged about the injuries suffered by Garces Perez.
Images released by the law firm representing him show the immediate aftermath of the shooting. The photographs appear to show a bullet wound in his upper back.
His attorney, Kate Lincoln-Goldfinch, said she spoke with him through a video meeting on Tuesday. The conversation took place after he returned to a detention facility in South Texas from a hospital in San Antonio.
According to the lawyer, the gunshot caused a fractured clavicle. She said her client continues to experience pain and swelling as he recovers from the injury.
Lincoln-Goldfinch also said he is receiving Tylenol and ibuprofen for pain relief. She added that he is being housed in an isolated room and sleeping on a flat bed that cannot be adjusted to improve comfort during recovery.
Federal officials have provided their own response to the situation.
In a statement released on Tuesday, Department of Homeland Security Secretary Markwayne Mullin said Garces Perez is in the country without legal immigration status. Mullin said he did not have a valid work permit and did not qualify for protected status.
The secretary also defended the medical treatment provided after the shooting. He said Garces Perez has received high-quality care following the incident.
The case has renewed public discussion about the use of body cameras during immigration enforcement operations.
Earlier this summer, federal officials announced a nationwide effort to equip immigration teams with body cameras. The initiative was described as a major priority aimed at improving accountability and creating a clearer record of enforcement actions.
At the time, officials said every arrest team would include at least one officer wearing a body camera. The policy was intended to provide evidence during investigations and help answer questions after serious incidents.
The announcement followed another shooting case earlier this year in Houston. That incident also received attention because officers involved were not wearing body cameras.
The Austin shooting has increased pressure on federal authorities to explain how body camera policies are being carried out and monitored in the field.
Local officials are also seeking further answers.
Travis County District Attorney José Garza sent a letter to federal officials requesting that Garces Perez remain in the United States while investigators examine the shooting.
Garza said keeping him in the country would help ensure that the investigation can proceed without complications and that all relevant facts can be reviewed.
Despite growing attention on the case, federal officials have made clear that immigration enforcement efforts in Austin will continue.
Mullin said ICE operations in the city will not slow down and that the agency does not plan to leave Austin.
As legal proceedings continue, questions remain about the shooting, the absence of body camera footage, and the circumstances surrounding the encounter. The case is expected to remain under close review as investigators, attorneys, and federal officials work to determine exactly what happened.
