(The Center Square) \u2013\u00a0After a U.S. Immigration and Customs Enforcement shooting in Austin on Sunday, the Department of Homeland Security is pushing back against claims made about the incident.<\/p>\n
Venezuelan national Wilber Rafael Garces Perez was shot and injured by an ICE officer during a targeted enforcement action after Perez attempted to flee in his vehicle.\u00a0<\/p>\n
Homeland Security Investigations and the FBI are investigating the shooting. HSI initially said<\/a> Perez illegally entered the country under the Biden administration, had a final order of removal and was in stable condition after the shooting.\u00a0<\/p>\n At a press conference this week, his immigration attorney, Kate Lincoln-Goldfinch, had Perez speak through the phone that she held up to the microphone. He said he<\/a> was shot in the back and discharged from the hospital with the bullet still lodged in his back. Lincoln-Goldfinch\u00a0later said<\/a> he was discharged \u201cjust hours after being shot, with the bullet still lodged in his body, and transferred into ICE custody while in severe pain.\u201d She also said<\/a> Perez was \u201cin severe pain, without pain medication, and was taken to an ICE processing center where it was extremely cold and there was no bed.\u201d \u00a0<\/p>\n DHS refutes the claim<\/a>, stating, he \u201cwas released from the hospital and arrived at the detention facility just a few hours later, where he slept on a bed. Aliens in ICE custody receive a higher standard of living than most prisons that hold U.S. citizens.\u201d<\/p>\n DHS also said that \u201cICE does not and would not advise, nor be the authority on, a medical procedure for an illegal alien at a hospital.\u201d It also said he \u201cis receiving medical care around the clock, including pain medication.\u201d<\/p>\n In response to claims that Perez didn\u2019t attempt to flee, the Austin-American Statesman reported that a video<\/a> of the incident \u201ccalls that claim into question.\u201d<\/p>\n Since the shooting, DHS said, \u201cmany lies\u201d were being spread \u201cby the mainstream media, far-left activists, and sanctuary politicians.\u201d\u00a0<\/p>\n \u201cSanctuary politicians and the mainstream media have wasted no time in spreading lies about an ICE officer-involved shooting of an illegal alien in Austin, Texas,\u201d\u00a0DHS Secretary Markwayne Mullin said.\u00a0\u201cContrary 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\u2019s ever received in his life. 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. Sanctuary politicians may continue to shamelessly protect illegal aliens, but the Trump Administration will remain focused on protecting the American people.\u201d<\/p>\n Lincoln-Goldfinch said<\/a> he wasn\u2019t \u201cillegal. He entered legally through a port of entry where he was inspected and admitted,\u201d referring to a Biden administration\u2019s catch and release and CHNV parole policies that facilitated entry to inadmissible foreign nationals. These policies have been terminated by the Trump administration.\u00a0<\/p>\n DHS said Perez\u2019s work permit expired in 2025 and \u201ca work permit does NOT grant legal status.\u201d DHS again reiterated that Perez was in the country illegally and his final removal order in absentia was valid because he never showed up to his hearing. \u201cThis is why aliens must show up to their removal proceedings. Legal obligations do not end because someone\u2019s address changed,\u201d DHS said.<\/p>\n Lincoln-Goldfinch said he didn\u2019t have a final removal order and his hearing is next week. On Tuesday, she said a federal judge granted her emergency order to stop his deportation. Deportations occur after a final removal order is issued.<\/p>\n By Wednesday afternoon,\u00a0she said<\/a>, Perez \u201cremains gravely ill, with the bullet still lodged in his body, and he remains in ICE detention. Our immediate demands are clear: restore Wilber\u2019s communication privileges and take him back to the hospital. He needs access to appropriate medical care.\u201d<\/p>\n Austin Mayor Kirk Watson also held a press conference saying, \u201cAustinites have a right to feel safe in their city\u201d and ICE was attempting \u201cto create fear and chaos.\u201d\u00a0<\/p>\n In response, DHS said<\/a> his statements represented \u201cVery selective indignation. If any Austinites feel unsafe in their city, it is because sanctuary politicians have enabled criminal illegal aliens to roam their streets with impunity. Our mission has not changed: we will enforce the laws passed by Congress, and that includes deporting illegal aliens.\u201d<\/p>\n Crime in Austin has increased after the city council voted to defund<\/a>\u00a0the Austin Police Department six years ago. Abbott and the legislature immediately responded and\u00a0enacted laws<\/a>\u00a0requiring cities that defund their police to lose state funding.\u00a0Abbott also surged Texas Department of Public Safety troopers to Austin to perform a range of interdiction efforts.<\/p>\n